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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 … be imposed by the Central Government under the warrant empowering the officer by virtue of the provisions of Section 156 of the Act. 8. It is further necessary to examine the scope of the power of the confirming

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 … of the Governor was neither reached mala fide nor was it based on any extraneous or irrelevant ground. 156. In the light of the legal position posited by the Supreme Court of India, we are clearly of

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

or he thinks fit.23. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … given liberty to be present along with any person of the Battalion as friend, as permitted under Rule 156 of the B.S.F. Rules, 1969. The statement of one Constable Anup Singh was recorded during the course of

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

or he thinks fit.19. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … given liberty to be present along with any person of the Battalion as friend, as permitted under Rule 156 of the B.S.F. Rules, 1969. The statement of one Constable Anup Singh was recorded during the course of

ic-32704 X Major K.L. Menhdiratta Vs. Union of India (Uoi), Ministry o ...

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 40, 109 and 164

Reported in : 1991(4)BomCR320

possession of the quarter of the petitioner. Service - court martial - Sections 40, 109 and 164 of Army Act, 1950 - whether High Court has jurisdiction to deal with matter related to defence service discipline - marked difference … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Capt. N. Gopalakrishnan (Retired) Vs. Union of India, Rep by the Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Service

relating to- (i) orders issued under Section 18 of the Army Act, 1950(46 of 1950), sub-section (1) of Section 156 of the Navy Act 1957 (62 of 1957) and section 18 of the Air Force Act 1950 (45 … the service matter, which reads as follows- “3(o) ‘Service matters, in relation to the persons subject to the Army Act 1950 (46 of 1950), the Navy Act 1957 (62 of 1957) and the Air Force Act 1950 (45 of

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 32 and 33; Code of Criminal Procedure (CrPC) ; Army Act, 1950 - Sections 109, 154 to 156, 164(1), 191, 192 and 193; Army Rules, 1954 - Rules 22 to 25, 28 to 32, 62, 65, 77(1), 95 to 101 and 191 to 193; Evidence Act, 1872; Army Regulations, 1987

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

and the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and … submissions it becomes necessary to state few more facts and then refer to the relevant provisions of the Army Act and Rules.5. The petitioner became a Commissioned Officer of the Army on 30th April, 1972. On 30th April, … Central Government or by an Officer empowered in this behalf by warrant of the Central Government. As per Section 156 such a warrant issued under Section 154 by the Central Government may contain restrictions, reservations or conditions as

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

Major Amarjit Singh Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 63 and 164(2); Constitution of India - Articles 226 and 227

Reported in : 1997(3)ALLMR430; 1997(3)BomCR619; (1996)98BOMLR770

Army Staff, New Delhi dated 9-1-1991 whereby the petition against the confirmation order under section 164(2) of the Army Act, 1950 was dismissed.2. On 3rd November, 1988, the petitioner was appearing in a written examination known as 'Technical Staff … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1984)1GLR429

pressed into service. Now they are charged for committing the offences under Sections 37(b) & 40(a) of the Army Act, 1950. Section 37 reads as under:37. Mutiny - Any person subject to this Act who commits any of the following … the case of S.P.N. Sharma. v. Union of India and Anr. reported in A.I.R. 1968 Delhi at page 156.Constitution of India, Articles 226 and 227- Habas corpus-Principles applicable to persons tried and convicted by Court-Martial - Writ