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Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … Advocate General (Army branch), Army Headquarters whereby the petitioner was found guilty of charges under Section 304 and Section 149 of the Indian Penal Code and sentenced to a period of 6 years rigorous imprisonment and cashiering. Cause

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct … was also invalid. This matter came up before the Constitution Bench wherein the validity of Rules 148(3) and 149(3) which superseded the former was considered by the Supreme Court. The question posed by the Supreme Court was

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … by the Commanding Officer, it was submitted that in terms of Rule 149 of the BSF Rules, reasons are not required to be assigned. It … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...

Court : Delhi

Subject : ServiceConstitution

Acts : Constitution of India - Articles 197, 309, 310, 310(1), 311, 311(2), 372(1) and 447; Code of Civil Procedure (CPC), 1908 - Sections 9; The Civilians in defense Services (Classification, Control and Appeal) Rules, 1952 - Rules 1, 3, 4, 8, 9, 24, 25, 26 and 31; Government of India Act, 1935 - Sections 240, 240(3) and 241; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55; Railway Establishment Code, 1959 - Rules 148(3) and 149(3); Indian Navy (Discipline) Act, 1934; Army Act, 1950; Indian Air Force Act, 1950; Civil Service Regulations - Regulation 197-A - Schedule - Articles 442 and 443; Motor Vehicles Act - Sections 43-A

Reported in : AIR1969Delhi220

such penalties. These Rules apply to every person paid from defense services estimates and nto subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Indian Air Force Act, 1950, who is in the whole … statement, viz., that in matters at defense personnel the jurisdiction of the Civil Courts is impliedly barred under Section 9, Civil Procedure Code. (This appears to have been raised by way of amendment to the written statement … case, the Supreme Court was considering the validity of Rules 148(3) and 149(3) of the Railway Establishment Code, (1959) Vol. I. Strong reliance was placed

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Labour and Industrial

Reported in : 55(1994)DLT217; 1994(30)DRJ178

the proper discharge of their duties and the maintenance of discipline among them.' 30. The Parliament enacted the Army Act 1950 to consolidate and amend the law relating to governing of the regular army. The conditions of service of … convicted while services of those personnel in respect of whom there was only a suspicion were terminated under Section 18 of the Army Act. These Letters Patent Appeals have been filed by those persons whose services were … to his removal, and so, if by R. 148 (3) or R. 149(3) such a termination is brought about, the Rule clearly contravene Article 311(2)

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Subject : Land Acquisition

that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist … challenge to a finding of guilt by a Court Martial for an offence punishable under Section 304 and Section 149 of the IPC. The contention of the petitioner was that the Court Martial had no jurisdiction to try

Union of India and ors. Vs. R.K. Sharma

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 71 and 72; Army Orders - Orders 70 and 84; Army Rules, 1954 - Rules 22, 23, 24 and 149; Constitution of India - Articles 14, 32, 226 and 227

Reported in : AIR2001SC3053; [2001(91)FLR1006]; JT2001(9)SC76; 2001LabIC4007; 2001(7)SCALE70; (2001)9SCC592; 2001(4)SCT828(SC); 2002(1)SLJ323(SC); (2002)1UPLBEC111

coming to the conclusion that the punishment of dismissal was violative of provisions of Section 72 of the Army Act, 1950. Section 72 merely provides that the Court Martial may, on convicting a person, award either the punishment which is … the accused has been prejudiced or a mandatory provision has been violated. One may usefully refer to Rule 149 quoted above. The High Court should not allow the challenge to the validity of conviction and sentence of

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … fair if not more than a criminal trial provides to the accused ..... One may usefully referto Rule 149 quoted above. The High Court should not allow the challenge to the validity of conviction and sentence of

Mangal Singh Bhatti Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Criminal

Acts : Navy Act, 1957 - Sections 78, 78(1) and 78(2); Navy Regulations - Regulations 28, 30, 149 and 151; Army Act, 1950; Air Force Act, 1950; Criminal Courts and Court Martial (Adjustment of jurisdiction) Rules, 1978 - Rules 2, 3, 4, 5, 6, 8 and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : 1993CriLJ3070

be tried by Court-martial :- (1) The Central Government may make rules consistent with this Code and, the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of … ordered investigation on 29-5-1992 of the case afresh as required by Regulation 149 of Regulations, Navy Part II. Thereafter on 30-5-1992 the sailor was released … Commanding Officer, INS Venduruthy, for trial under the Navy Act, 1957, and in accordance with the provisions of Section 78 of the Navy Act, 475 of the Cr.P.C. and the Criminal Courts and Court Martial (Adjustment of

Lt. Col. S.K. Kashyap and anr. Vs. the State of Rajasthan

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 173, 197, 213, 251, 251A, 251A(2), 252, 253, 254, 255, 342, 435 and 549; Indian Penal Code (IPC) - Sections 120B, 149, 161, 165, 165A, 304, 376, 409 and 420; Army Act, 1950 - Sections 125, 126 and 126(2); Criminal Law (Amendment) Act, 1966 - Sections 5(1)

Reported in : AIR1971SC1120; 1971CriLJ832; (1971)2SCC126; [1971]3SCR881; 1971(4)WLN23

the appellants belonged to his Unit and that the appellants would be tried by Court Martial under the Army Act, 1950 for the offences alleged to have been committed by them as set out in the notice of the … Court-Martial whereby he was found guilty of charges under Sections 304 and 149 of the Indian Penal Code and c sentenced to 6 years rigorous … order of the High Court. That case was initiated under a sanction accorded by the Central Government under Section 197 of the CrPC and Section 6(1)(a) of the Prevention of Corruption Act and the appellants along with