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Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160

Reported in : 114(2004)DLT792; 2004(77)DRJ480

to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … power to confirm findings and sentence of General Court Martial has been vested in the Central Government under Section 154 of the Act. The Central Government is also authorised to empower any officer in this behalf by a

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

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

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 69, 118, 154 and 164; Army Rules, 1954 - Rule 13 and 13(2A); Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 18, 42, 43 and 57; Constitution of India - Articles 14, 21 and 226; Defence Personnel Law

Reported in : RLW2006(3)Raj1734; 2006(2)WLC452

the petitioner contended that the said authority is not competent to confirm the sentence awarded by the GCM. Section 154 of the Army Act, 1950 runs as under:154. Power to confirm finding and sentence of generalcourt-martial.The findings and … petitioner next argued that wife of the petitioner, Smt. Anchi Kanwar made petition under Section 164 of the Army Act, 1950 and the competent authority seriously erred in returning the petition without considering it. He contended that Smt. Anchi

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 … observed:'We may however, hasten to add that as in fact the confirming authority has still to act under Section 154 of the Act, it would, we have no doubt apply its independent mind to the merits of the

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

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 63, 109, 113, 153, 154 and 164; Evidence Act - Sections 27; Army Rules - Rules 23(1), 23(2), 23(3), 23(4) and 23(6); Constitution of India - Articles 20, 136 and 226; Military Law

Reported in : 2008(5)ALLMR(SC)992; 2008(3)JKJ5[SC]; JT2008(13)SC605; (2008)6MLJ684(SC); 2008(10)SCALE184; (2008)9SCC161; 2009(1)SLJ496(SC); 2008AIRSCW6518

us by the appellant - Appeal dismissed. [para 9, 10, 11, 12, 13, 14, 15, 17, 19] - ARMY ACT, 1950. Section 109: [C.K.Thakker & Lokeshwar Singh Panta, JJ] Convening of General Court Martial (GCM) Held, There is nothing in … and sentences imposed upon the appellant by the GCM were confirmed by the competent authority in terms of Section 154 of the Act - Appellant neither challenged the order rejecting Post confirmation petition filed under Section 164 of

V.C. Rajan and anr. Vs. the Presiding Officer of General Court Martial ...

Court : Andhra Pradesh

Subject : ConstitutionCivil

Acts : Army Act, 1950 - Sections 153, 154 and 164(2); Army Rules, 1950 - Rule 147; Constitution of India - Article 226

Reported in : 1996(1)ALT745

belonging to the Government. The chargesheet is dated 22-7-1986. The charges were framed under Section 52(a) of the Army Act, 1950 (hereinafter referred to as the Act) against the two petitioners herein and also against one Naik Sh. Shajahan … General Court Marital were confirmed by the 3rd respondent here in on 16th March, 1987 as required under Section 154 of the Act. 3. The petitioners herein earlier filed W.P.Nos. 6018of 1987and 10316 of 1987 questioning the proceedings

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

totally biased and prejudiced against him and that he exceeded his powers and jurisdiction vested in him under Section 154 of the Army Act by interfering with the judicial discretion vested in the General Court-Martial. The General Court-Martial … 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

Union of India and Others Vs. J.S. Brar

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 154, 160 and 164(2); Army Rules, 1954 - Rules 68 and 70

Reported in : AIR1993SC773; JT1992(6)SC266; 1992(2)SCALE749; (1993)1SCC176; [1992]Supp1SCR916; 1993(2)SLJ77(SC); 1992(2)LC789(SC)

behalf to rebut their evidence.2. The accused was charged with the offence punishable under Section 69 of the Army Act, 1950 (hereinafter referred to as 'the Act') read with Section 379 of the Indian Penal Code. Two charges were … was no failure of natural justice in any respect.11. We see no substance in the contention regarding jurisdiction. Section 154 of the Act says:Section 154. Power to confirm finding and sentence of general court-martial.-The findings and sentences of

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

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 respondent … 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

Amarendra Nath Das and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1977CriLJ493

On 24th March, 1975, the petitioners preferred appeals to the respondent No. 2 under Section 164(2) of the Army Act, 1950. On 5th of Aug., 1975, the petitioners were informed of the result of the appeal by the respondent … that confirmation of the sentence was made by a person who was not empowered to do so under Section 154 of the Army Act. Fourthly, it is contended that the appellate order is illegal as it is not