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Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Subject : Land Acquisition

a GCM proceeding, which has got the status of a judicial proceeding as per Section 152 of the Army Act 1950. The petitioner has categorically claimed that the decision of the authority in issuing showing cause notice in his

Soubhagya Chandra Patnaik Vs. Union of India (Uoi) Represented by Chie ...

Court : Orissa

Subject : Civil

Acts : Army Act, 1950 - Sections 71, 73 and 152

Reported in : AIR1969Ori169; 34(1968)CLT1404; 1969CriLJ930

the offence of, without sufficient cause, overstaying the leave granted to him, under Section 39(b) of the Indian Army Act, 1950 (Central Act 46 of 1950). 2. On March 2, 1967 the petitioner was granted leave for two months … by another officer to whom no objection is made or allowed, the court shall proceed with the trial.' Section 152 is that any trial by a Court-Martial shall be deemed to be a judicial proceeding and the Court-Martial

Major Ss Chillar Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

advise the Court Martial authorities nor the prosecutors are properly trained to conduct such criminal trials. As per Section 152 of the Army Act, 1950 Court Martial under the provisions of the Army Act shall be deemed to … disposal of this petition are that the petitioner was charged for an offence under Section 69 of the Army Act, 1950 committing a civil offence under suspicious circumstances, contrary to Section of the Explosive Substances Act, 1908. Petitioner was

Dev Anand Singh Vs. Union of India and ors.

Court : Jammu and Kashmir

Subject : Criminal

Reported in : 1987CriLJ8

also, the petitioner was, therefore, convicted by the General Court Martial Under Sections 63 and 69 of the Army Act, 1950 (hereinafter called the Act). It is also denied that the provisions of Official Secrets Act for the grant … should have been tried by an ordinary Criminal Court and not by the General Court Martial.(ii) That Under Section 152 of the Army Act, 1959, the trial by a Court Martial is deemed to be a judicial proceedings

J.W.O. B.K. Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 14, 21, 226 and 227;; Air Force Act, 1950 - Sections 4(XV), 34 to 71, 110, 121, 152, 153 and 161;; Army Rules - Rule 37;; Air Force Rules, 1969 - Rules 34 to 38, 40, 40(1), 43 and 43(2), (3) and (8);; Station Routine Orders

Reported in : (2000)3CALLT528(HC)

Court had occasion to consider the similar provision in Rule 37 of Army Rules. In paragraph 7 of the judgment the said Rule has been … officer empowered for that behalf by warrant of the Central Government under section 153 of the Air Force Act. 1950 (for short 'the Act'). The respondent has moved CAN No 7513 of 1999 for vacating and/or recalling the … Court martial he proposes to convene. 30. It was argued by Mr. Mukherjee appearing for the respondent that section 152 of the Air Force Act itself provides that no finding or sentence of general Court martial shall be

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

Sulakhan Singh Vs. Union of India and ors.

Court : Delhi

Subject : Criminal

Acts : Army Act, 1950 - Sections 125; Code of Criminal Procedure (CrPC) , 1973 - Sections 475; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rule 3

Reported in : 1987(12)DRJ297

Court Martial. (4) Coming to the first point, it will noticed that Sections 125 and 126 of the Army Act, 1950 provide as under :- '125.Choice between Criminal Court and Court-Martial :-When a criminal court and a court martial … under Section 209 of the said Code ; or (D)make over the case or inquiry or trial under Section 152 of the said Code. 5.Where a Magistrate has been moved by the competent Military, naval or air force

S.N. Mukherjee Vs. Union of Inida

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 32, 33, 136, 226, 227; Army Act, 1950 - Sections 52, 63, 108, 128 to 152, 153, 162, 164 and 165; Army Rules, 1954 - Rules 37 to 105 and 147; Federal Administrative Procedure Act, 1946 - Sections 8; Tribunals and Enquiries Act, 1958 - Sections 12; Statutory Powers Procedure Act, 1971; Commonwealth Administrative Decisions (Judicial Review) Act, 1977 - Sections 13; Commonwealth Administrative Appeals Tribunal Act, 1975 - Sections 28 and 37; Companies Act, 1956 - Sections 111 (3); Mineral Concession Rules, 1960 - Rules 54 and 55; Arbitration Act, 1940; Tribunals and Enquiries (Amendment) Act, 1971; Statutory Powers Procedure (Amendment) Act, 1980; Mines and Minerals (Regulations and Development) Act, 1957 - Sections 30; Uttar Pradesh Sugar Dealers' L

Reported in : AIR1990SC1984; 1990CriLJ2148a; JT1990(3)SC630; (1990)4SCC594; [1990]Supp1SCR44; 1991(1)SLJ1(SC); (1990)3UPLBEC2093

1980, passed by the Central Government dismissing the petition filed by the appellant Under Section 164(2) of the Army Act, 1950 (hereinafter referred to as 'the Act').2. The appellant held a permanent commission, as an officer, in the regular … Ex Pane Benaim and Khaida [1970] 2 Q.B. 417 and Mclnnes v. Onslow-Fane and Anr. [1978] 1 W.L.R. 1520. There are, however, observations in some judgments wherein the importance of reasons has been emphasised. In his dissenting

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 … a registered trust. They are hereinafter compendiously referred to as the petitioners.5. The petitioners claim to have compiled 1528 alleged extra-judicial executions carried out by the police and security forces in Manipur. It is alleged that a

Ajmer Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

liable to 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 … composition, and respective powers. In Chapter XI consisting of Sections 128 to 152, we find detailed provisions laying down the procedure to be followed by … terms of imprisonment for the grant of benefit to them of the provision for set off contained in Section 428 of the CrPC. The High Court has granted certificates of fitness under Article 134A of the Constitution