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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

quite clear that the Court will adduce fresh evidence only when so ordered by the Confirming Authority. Under Section 158 of the Army Act, the Confirming Authority had power to mitigate or remit or commute a punishment awarded … 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 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 … no finding or sentence of a court martial shall be valid unless confirmed as provided by the Act. Section 158 gives power to confirming authority to mitigate, remit or commute sentences. Section 165 empowers the Central Government, the

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 … and it should, thereforee, be revised upwards. To object to this is to object to the provisions of Section 158 itself. A direction by the confirming authority merely showing that the punishment awarded by the court martial is

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 … martial shall be valid except so far as it may be confirmed as provided under the Act. Under Section 158, the confirming authority has the power to mitigate or remit the punishment awarded by the court martial or

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 … martial shall be valid except so far as it may be confirmed as provided under the Act. Under Section 158, the confirming authority has the power to mitigate or remit the punishment awarded by the court martial or

Chief of Air Staff Vs. Augustian

Court : Kerala

Subject : Service

Acts : Air Force Act, 1950 - Section 16; ;Air Force Rules, 1969 - Rules 13 and 15(2); ;Air Force Rules, 1961 - Rule 15; ;Army Pension Regulations, 1961 - Regulations 158, 173 and 173A; ;Air Force Pension Regulations, 1961 - Regulation 153

Reported in : 2010(2)KLT514

4482 of 2002 and the sole respondent is the petitioner therein. The respondent entered service in the Indian Army as a Vehicle Mechanic on 9.9.1983. He was discharged from the Indian Army on 31.7.1999 after he was … discharge of personnel for the causes specified therein. As per Rule 15, persons enrolled under the Air Force Act, 1950 who are attested in terms of Section 16 of the Act may be discharged at their own request … he is not entitled to disability pension. Reference was made to para. 158 of the Pension Regulations for the Air Force, 1961.-The respondent thereupon filed

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

Capt. Harish Uppal Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 21, 32 and 136(2)

Reported in : AIR1973SC258; (1973)3SCC319; [1973]2SCR1025

no merits in this petition and dismiss it. Criminal - court martial - Sections 158 and 160 of Army Act, 1950 and Section 392 of Indian Penal Code, 1860 - confirming authority passes Order of revision of sentence passed

State of M.P. Vs. Maharani Ushadevi

Court : Supreme Court of India

Subject : Land Acquisition

depositing Tauzi assessment/revenue charges with the treasury of Holkar State. On 31-08-1945, these birs were transferred to the Army Department of the Holkar State, for harvesting grass, for a period of one year on experimental basis. Again … ordinary tenant in view of Section 54(viii) and Section 54(xviii) of the Madhya Bharat Land Revenue and Tenancy Act, 1950. Thereafter, under Section 185(1)(ii)(a) read with Section 190(1) of the Madhya Pradesh Land Revenue Code, 1959 all ordinary … dismissal of the Suit.6. It appears that in the year 1979, Section 158(2) was inserted in Madhya Pradesh Land Revenue Code, 1959. As per the

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