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Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 37(1), 37(2), 122, 122(1), 122(3), 123, 127, 153, 154, 160 and 164; Constitution of India - Articles 20, 21, 44 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 549 and 549(1); Army Regulations; Army Rules - Rules 3, 22, 53, 122(3) and 177 to 185

Reported in : 2002(64)DRJ379

order or direction of appropriate nature striking down the provisions of Section 153, 154 and 160 of the Army Act 1950.(c-1) Issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10.1996 invoking Section

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged that … after appeal to hierarchy of courts. Submission that full review of finding and/or sentence in confirmation proceeding under Section 153 is provided for is poor solace. A hierarchy of courts with appellate powers each having its own power

Dr. Subhendu Sen (Vsm) Vs. Government of India and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Army Act, 1950 - Sections 39, 52, 71, 74, 153, 154, 155(2), 157, 158, 160(1), 164(1) and (2) - Rules 68(3) and 105; Constitution of India - Articles 33 and 226

Reported in : 1998(1)ALD773

It definitely had proved that this August Court was uninfluenced by the pressure whether from within or without'18. Section 153 of the Army Act provides that no finding or sentence of a general, district or summary general, Court … first three charges were framed under Section 52(b) and the 4th charge was under Section 39(a) of the Army Act, 1950.4. The General Court-Martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. During the proceedings 32 persons were examined as

Naik Shekharappa Olekar S/O Late Hanumappa Olekar Vs. Union of India ( ...

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 129, 153, 158, 160, 161, 162, 163, 164 and 164(2); Court Martial (Appeal) Act, 1951; Court Martial (appeals) (Amendment) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Army Rules, 1954 - Rules 22, 34, 62, 179, 180 and 184; Army Regulations; Constitution of India - Articles 226 and 227; Indian Penal Code

Reported in : 2007(1)AIRKarR185

is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the Army Act, 1950 [for short, the Act, particularly under Section 39(a) of the Act on being tried by Summary Court Martial … after appeal to hierarchy of courts. Submission that full review of finding and/or sentence in confirmation proceedings under Section 153 is provided for is poor solace. A hierarchy of courts with appellate powers each having its own power

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

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 17, 19, 45, 63, 121, 122, 153, 160 and 199; Indian Penal Code (IPC), 1860 - Sections 379; Army Rules - Rule 14; Army Order; Army Regulations, 1962; Limitation Act

Reported in : 2001(60)DRJ505

Staff an alternative remedy by way of filing statutory complaint is provided for under Section 17 of the Army Act, 1950. 5. The court considered the averments made in the writ petition as also in the counter affidavit. In … confirmation, whether of the original finding or of the finding on revision, by reason of the provisions of Section 153 the finding is not valid. thereforee, in the case of the respondent the finding of the general court-martial

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … the confirmation by the Confirming Authority to whom the proceedings were transmitted by the GCM in terms of Section 153 of the Army Act. The Confirming Authority felt that the sentence awarded to the respondent No. 1 by

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … drew the attention of this Court to Sections 153 and 164 of the Army Act, which read as follows:Section 153. Finding and sentence not valid, unless confirmedNo finding or sentence of a general, district or summary general, court-martial

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … court martial. Once the period prescribed has expired a trial before a court martial cannot be commenced.21. Under Section 153 no finding or sentence of a court martial shall be valid unless confirmed as provided by the Act.

Union of India (Uoi) and ors. Vs. V.N. Singh

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 37, 122, 122(1), 123, 153, 154 and 160; ;Constitution of India - Article 226; ;Army Rules - Rules 22 and 177; ;Defence Service Regulations

Petition No. 5451 of 1997 challenging aforementioned order dated June 14, 1997 as well as validity of Sections 153, 154 and 160 of the Army Act, 1950. Writ Petition No. 5451 of 1997 was filed by the … the respondent by Court Martial was time barred in view of the provisions of Section 122(1)(b) of the Army Act, 1950.2. The facts emerging from the record of the case are as under:The respondent i.e. Mr. V.N. Singh who

Colonel Aniltej Singh Dhaliwal Vs. Union of India (Uoi) and 2 ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 2(2), 71, 153 and 163; Army Rules; Industrial Disputes Act, 1947 - Sections 11A

Reported in : 2002(64)DRJ854

appropriate orders on the question of sentence in exercise of the powers vested under Section 163 of the Army Act, 1950, after modifying the Court's previous order dated 10.5.1999. This application was vehemently opposed by the Petitioner herein in … Petitioner herein in the Apex Court. A perusal of the Petitioner's Reply discloses that he had relied on Section 153 of the Army Act which provides that no findings or sentence passed by a GCM shall be valid