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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

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

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 … is not commensurate with the gravity of the offence and warranted upward revision ofthe sentence. An order under Section 160 of the Act, according to the respondents, is a sort of an application for revision by Confirming Authority.15.

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … finding and sentence passed by the G.C.M. Power to order revision of sentence or finding is governed by Section 160 of the Act and Rule 68 of the Rules. Section 160 of the Act reads as under:- 'Revision

Nb/Sub Avtar Singh Vs. Union of India and Others

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Article 226; Army Act, 1950 - Sections 160, 164, 64(2) and 71; Army Rules, 1954 - Rules 22 to 24 and 37;

Reported in : 1989CriLJ1986; 1990(2)Crimes370; 38(1989)DLT19

fees assessed at Rs. 500/-. 31. Petition allowed. Criminal - Court-martial - Article 226 of Constitution of India, Sections 160, 164, 64 (2) and 71 of Army Act, 1950 and Rules 22 to 24 and 37 of … Sharma, learned counsel for the petitioner, that a petition for review as provided by S. 164(2) of the Army Act, 1950 had been filed on 2nd April, 1984, and again on 25th June, 1985, but the same had not

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 … representation on merits.'121. After the judgment was delivered by this Court representation sent by the petitioner under Section 160(4) of the Army Act, 1950 was rejected by the Chief of Army Staff without assigning any reasons.122. On

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 … the respondent was very lenient and therefore vide order dated 19.4.1979, in exercise of the powers conferred by Section 160 of the Army Act sent the case back for revision. On 10.5.1979, the GCM, on revision, enhanced 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 … made in accordance with the provisions of Regulations Nos. 155, 157 and 160 of the Financial Regulations Part I which provide for taking action in … 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 (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

Confirming Authority vide order dated June 14, 1997, sent back the report to GCM, under the provisions of Section 160 of the Army Act to revise/reconsider the exoneration of the respondent from some of the charges and decide … 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

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 … No. 1 relating to the incident of 27.9.1983, the accused was acquitted. The Confirming Authority, however, ordered, under Section 160 read with Rule 68, revision of the findings of the GCM for recording fresh evidence and reconsideration.3. Subsequent