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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 … may dispense with such a requirement. 25. In this context, the Supreme Court examined the provisions contained in Section 162 and Section 164 of the Army Act. With regard to Section 162 it observes as follows:46. The provisions

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 … it may dispense with such a requirement.21. In this context, the Supreme Court examined the provisions contained in Section 162 and Section 164 of the Army Act. With regard to Section 162 it observes as follows :- '46.

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

in that case under Section 165 of the Army Act, 1950. The Court took the view that while Section 162 of the Army Act expressly provided that the Chief of Army Staff may for reasons based on the … 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

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 … to the petitioner.(ii) The trial, findings and conviction of the petitioner is vitiated on account of non-compliance of Section 162 of the Army Act in as much as there was inordinate delay in forwarding the proceedings of the

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 … The confirmation of the finding and sentence is not required in respect of summary court martial and in Section 162 it is provided that the proceedings of every summary court martial shall without delay be forwarded to the

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … rigorous imprisonment commenced immediately on signing of the SSFC in terms of Section 120 of the BSF Act.51. Section 162 and 121 of the Army Act are in pari materia with Sections 15 and 75 of the BSF

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 … of the Army Act and the Rules, the Apex Court observed as under:- 'Moreover, we find that in Section 162, an express provision has been made for recording all reasons based on merits of the case in relation

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 … then was) speaking for the Court held that the language of Art. 162 clearly indicates that the power of the State executive do extend to … 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

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 … Army Act to the officer commanding revision or brigade within which the trial was held who may, under Section 162 of the Act, set aside the proceedings or reduce the sentence so imposed. Sections 161 and 162 read

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

petition of the petitioner was required to record reasons. The Supreme Court after discussing the scheme of the Army Act, 1950 and the Rules framed thereunder came, to the conclusion that under Section 162 of the said Act reasons