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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 … Court Martial shall be valid except so far as it may be confirmed as provided by the Act. Section 157 lays down that the findings and sentences of summary general Courts-Martial may be confirmed by the convening officer

Ex-constable Ramvir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ServiceCriminal

Acts : Border Security Force Act, 1968 - Sections 22, 63 and 117; Army Act, 1950 - Sections 41; Border Security Force Rules, 1969 - Rule 157; Constitution of India - Article 226

Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93

to whether refusal to take food by itself would come within the purview of Section 41 of the Army Act, 1950, this Court in Ranjit Thakur (supra) held:The submission that a disregard of an order to eat food does … permitted to engage a counsel has never been raised by appellant and as admittedly, in terms of Rule 157 of the Border Security Force Rules, 1969, one Shri Ashim Biswas, Assistant Commandant was detailed as a friend

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 … Writ Petition 9/1981 and that was dismissed by this Court on 23.3.1982. The petitioner had filed a Crl.W.P.No. 1577/85 challenging the GCM proceedings.104. The petitioner had filed S.L.P. challenging the judgment of this Court in Crl.W.P.9/81. The

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 … an order made in accordance with the provisions of Regulations Nos. 155, 157 and 160 of the Financial Regulations Part I which provide for taking … 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

Union of India and Another Vs. Major K.K. Taneja

Court : Delhi

Subject : LimitationService

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 41, Rule 27; Limitation Act, 1963 - Sections 5; Army Act, 1950 - Sections 69, 153, 154, 160(1) and 164

Reported in : ILR1991Delhi215

Major. While working in that capacity, he was charged for an offence under Sec corporation 69 of the Army Act, 1950 (hereinafter referred to as the Act) on the allegation that on 7th May, 1976, at about 23.00 hrs., … authority under the Army Act. 2. Along with this appeal, the appellants filed an application (CM 158/88) under Section 5 of the Limitation Act, for condition of delay of 19 days in filing the appeal. The appellants … days in filing the appeal. The appellants also moved another application (CM 157 / 88) under or. XXXXI, Rule 27 read with Section 151, C.P.C.

Union of India and anr. Vs. K.K. Taneja

Court : Delhi

Subject : Service

Acts : Code of Civil Procedure (CPC), 1908 - Order 41, Rule 27; Limitation Act, 1963 - Sections 5

Reported in : 43(1991)DLT227

working as acting Major. While working in that capacity, he was charged for an offences 69 of the Army Act, 1950 (hereinafter referred to as the Act) on the allegation that on 7/05/1976, at about 2300 hrs, he used … days in filing the appeal. The appellants also moved another (CM 157/88) underOrder 41 Rule 27 read with Section 151 Civil Procedure Code for permission to place on record the relevant Gazette notification/warrant by way of additionalevidence.(3)

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 … tribunal should always and in every case given reasons in support of its decision.' 14. The scope of Section 157 of the Army Act which deals with confirmation of findings of Summary General Court Martial was considered by

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

Court : Allahabad

Subject : ServiceConstitution

Acts : Constitution of India - Articles 22 and 33; Army Act, 1950 - Sections 21; Army Rules, 1954 - Rules 22 and 129

Reported in : 2004(3)AWC2752

Havaldar (OPR) in 129 AD Regiment when he was charge-sheeted for two offences under Section 40(c) of the Army Act, 1950. He was tried by a Summary Court Martial and was awarded the following punishment :(a) to be reduced … Judge of the Punjab and Haryana High Court In the case of Joga Singh (supra) while examining Rule 157 of the Border Security Force Rules, 1969, has held that right to be defended is guaranteed under Article

Ram Narayan Tiwari. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Air Force

Acts : Air Force Act, 1950 - Sections 157, 73

R.K. Sharma reported in (2001) 9 SCC 592 which was a case relating to the provisions of the Army Act, 1950, viz., Sections 71 & 72, which are practically pari materia with the Air Force Act. l15. We have … was raised by the counsel, apparently on instructions from the appellant, was that in exercise of powers under Section 157 of the Air Force Act [for short "the Act"], the Confirming Authority could mitigate, remit or commute the

Mahender Yadav vs.central Bureau of Investigation

Court : Delhi

Subject : Criminal

case, the court was concerned with an interpretation of the expression “trial commenced” under Section 123(2) of the Army Act, 1950. Charges for dereliction of duty were laid against the respondent and action against the Army Act was initiated … dated 27th March, 2010 - Whether tantamount to a “definite view” on the merits of the case (paras 157 to173) opinion on material “Definite issues”; “proceedings during trial” or “dealt with the matter at the stage of