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Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 133 and 164(2); Army Rules, 59 and 60; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 164 and 207; Constitution of India - Article 226

Reported in : 1998(1)AWC53

his earlier statement. There is no dispute that the petitioner being an army personnel is subject to the Army Act, 1950. Chapter X of the Act deals with Courts Martial and Chapter XI deals with Procedure of Courts Martial. … the statement of Sep. Rabari was recorded by the investigating Officer of the case in the hospital under Section 161, Cr. P.C. but the copy of the said statement was not supplied to the petitioner and thereby there

Veer Bhan (Sepoy) Vs. the Chief of the Army Staff and anr.

Court : Delhi

Subject : CivilService

Acts : Army Act, 1950 - Sections 52, 115, 161 and 162; Army Rules, 1954 - Rules 2A, 33, 33(7), 34, 70, 115(2), 132 and 147; Constitution of India - Article 21

Reported in : 114(2004)DLT667

dated 11th July, 1994 whereby the petitioner was found guilty of the charge under Section 52(b) of the Army Act, 1950 and was sentenced to rigorous imprisonment of four months and dismissal from service.2. The petitioner joined the Indian … that the finding and sentence of the Summary Court Martial was not required to be confirmed as per Section 161 of the Army Rule 132. The respondents were justified in forthwith executing the sentence and that no fault

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 … Act This is so in view of the fact that under Section 153 of the Act read with Section 161, an offence or sentence of a General-Court-Martial is made valid only after confirmation as provided under the Act

Union of India (Uoi) Vs. S.P.S. Rajkumar and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950; Air Force Act, 1950 - Sections 161(2); Air Force Rules, 1969 - Rule 40; Army Rules, 1954 - Rules 46, 103 and 104

Reported in : JT2007(6)SC278; 2007(6)SCALE124; (2007)6SCC407

Union of India and Anr. v. Charanjit S. Gill and Ors. : AIR2000SC3425 interpreted certain provisions of the Army Act, 1950 (in short the 'Act') and the Army Rules, 1954 (in short the 'Army Rules') holding that the Judge … necessity the concerned Judge Advocate was the only available officer. 5. The respondent-Rajkumar filed post confirmation petition under Section 161(2) of the Air Force Act, 1950 (in short the 'Air Force Act') on 30.1.2000 and the same

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 10, 18, 19, 22, 191 and 192; Evidence Act - Sections 114; Government of India Act, 1935 - Sections 49 and 75; Constitution of India - Articles 33, 53, 53(1), 73, 73(1), 74, 74(1), 75, 77(1), 77(3), 161(1), 161(2), 162, 166(3), 226 and 309; Andhra Pradesh Agricultural Produce and Livestock and Markets Act, 1966; Defence Service Regulations, 1962 - Regulation 103; Army Rules, 1954 - Rules 16-A, 16-B, 16B(1) and 16B(2); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : (1986)IILLJ1AP

The appointing authority of the appellant is the President of India by operation of S. 10 of the Army Act 1950 (46 of 1950), for short, 'The Act'. Therefore, we hold that executive action of the Union of India … Act, 1950, Articles 73 (1), 74 (1), 75, 77 (1), 77 (3), 161, 162, 166 (3) and 226 of Constitution of India, Regulation 103 of … latent was made patent by Office Order No. 51 dated 16th August, 1984 but its result is inconsequential. Section 114(c) of the Evidence Act permits to draw presumptive evidence that official acts have been regularly performed. In

Lt. Col. S.K. Kashyap and anr. Vs. the State of Rajasthan

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 173, 197, 213, 251, 251A, 251A(2), 252, 253, 254, 255, 342, 435 and 549; Indian Penal Code (IPC) - Sections 120B, 149, 161, 165, 165A, 304, 376, 409 and 420; Army Act, 1950 - Sections 125, 126 and 126(2); Criminal Law (Amendment) Act, 1966 - Sections 5(1)

Reported in : AIR1971SC1120; 1971CriLJ832; (1971)2SCC126; [1971]3SCR881; 1971(4)WLN23

the appellants belonged to his Unit and that the appellants would be tried by Court Martial under the Army Act, 1950 for the offences alleged to have been committed by them as set out in the notice of the … of Bombay : 1957CriLJ605 . Criminal Law Amendment Act, 1952 provided for the trial of all offences under Section 161, 165 or 165A of the Indian Penal Code or Sub-section (2) of Section 5 of the Prevention of

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 179; ;Transfer of Prisoners Act, 1950 - Sections 3(2); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 432, 432(7), 433 and 433(6); ;Constitution of India - Articles 14, 19, 21, 72 and 161

Reported in : 1990CriLJ1417

a return was filed in the connected writ petition No. 1511 of 1989. It was staed that the Army Act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down … President to grant pardon, reprieve, respite or remission of punishment with Article 161 relating to similar powers of the Governor shows that only the President … the Court Martial is not entitled to set off the period of detention in custody during trial under Section 428 of the Code of Criminal Code. This is settled by the Apex Court in Ajmer Singh v.

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … will not apply to SSFC. The procedure for SSFC is provided in Chapter XI (Rules 133 to Rule 161), which alone is relevant here. It must be noted here that though Rule 99 was amended requiring authority

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 … of Criminal Law by Sir James Stephen [59]. (2011) 3 SCC380[60]. (2011) 3 SCC377[61]. (1985) 3 SCC398at paragraph 161 [62]. (1986) 2 SCC112at paragraphs 6 and 7 [63].146. Rioting - Whenever force or violence is used by

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 19, 20, 20(3), 22, 60, 63, 71, 80, 83, 84, 85, 121, 161, 162, 179, 179(3), 179(4), 179(5A) and 179(6); Army Rules, 1954 - Rules 13(3), 14, 17 and 177(1); Constitution of India - Articles 32, 33, 136, 226, 227 and 227(4)

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and … other Courts Martial. 14. It could be carried out forthwith. It is, however, required to be forwarded under Section 161 of the Army Act to the officer commanding revision or brigade within which the trial was held who