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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

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 … to such restrictions, reservations or conditions as may be contained in any warrant issued under Section 154 or Section 155 and to the provision of sub-section (2), a confirming authority may, when confirming the sentence of a Court-Martial,

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

Court : Kolkata

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … is an order made in accordance with the provisions of Regulations Nos. 155, 157 and 160 of the Financial Regulations Part I which provide for … compensation of the loss was preferred by the Supply Depot ASC Panagarh in accordance with the provisions of Section 78B of the Indian Railways (Amendment) Act of 1961 which was registered by the railways and the same

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

Satish Vs. The Union of India and Another

Court : Mumbai Aurangabad

Subject : Land Acquisition

cannot be faulted with as the same is in accordance with the provision of Section 22 of the Army Act, 1950 read with Rule 13(3) of the Army Rules, 1954. As the discharge of the petitioner was on recommendation … the very object of the Rule. 14. In Seaford Court Estates Ltd. V. Asher, (1949) 2 All ER 155, Lord Denning, L.J. (as he then was) held: “When a defect appears a judge cannot simply fold his

Narendra Pal Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Rules - Rule 22(1), 22(2) and 22(3)

Reported in : (2001)3UPLBEC2253

holding the rank of Acting Lance Nayak was chargesheeted vide charge-sheet dated 18.6.1993 under Section 52 of the Army Act, 1950 for having committed theft in respect of Carbine, Machinegun 9 m.m. Regd. No. ZZ-1945, the property of the … from service vide order dated 25.6.1993. The petitioner moved an application dated 4.10.1993 for annulment of proceedings under Section 155 of the Army Act. The application came to be rejected by General Officer Commanding 24th Infantry Bn c/o

Major E.G. Barsay Vs. the State

Court : Mumbai

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … not. O'Connell and Ors. v. The Queen (1844) 6 Cl. & P. 155. Under Section 43 of the Indian Penal Code an act would be … is concerned, it refers to three kinds of illegal acts, the first two of which would fall under Section 5(1)(c) and Section 5(1)(d) of the Prevention of Corruption Act. Under Section 5(1)(c) of the said Act, a

Ex. Gunner (Operator) T. Suresh, Vs. the Chief of Army Staff New Delhi ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

bad in the eye of law. The said violation would attract the provisions of Section 164 (2) of Army Act, 1950 read with para 365(g) of the Defence Service Regulations 1987. The Court of Inquiry was recorded by Captain … did not explain the delay even when he rejoined duty on 09.03.2006 after he had remained absent for 155 days. The applicant pleaded guilty and requested for leniency. The applicant was tried by Summary Court Martial by

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

Union of India (Uoi) and ors. Vs. N.K. Kaushik

Court : Punjab and Haryana

Subject : Limitation

Acts : Army Act, 1950 - Sections 122

Reported in : (1998)118PLR487

the offence was disclosed.12. In this regard we deem it appropriate to refer to Section 122 of the Army Act, 1950 which reads :-' 122. Period of limitation for trail. - (1) Except as provided by Sub-section(2), no trial … Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in

S. Sakthivel Vs. Col. Commanding Officer, Artillery Depot Regiment and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

voluntarily surrendered before the respondents, they ought to have proceeded against him as per Section 39 of the Army Act 1950, which specifically deals with absence without leave of personnel. There is no material placed before this Tribunal to … also produced and marked through P.W.1 as Exhibit-1. After surrender, according to P.W.1, the individual/accused was despatched to 155 Med Regt and was reverted back on the ground that he was a deserter to be tried at