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Colonel Aniltej Singh Dhaliwal Vs. Union of India (Uoi) and 2 ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 2(2), 71, 153 and 163; Army Rules; Industrial Disputes Act, 1947 - Sections 11A

Reported in : 2002(64)DRJ854

appropriate orders on the question of sentence in exercise of the powers vested under Section 163 of the Army Act, 1950, after modifying the Court's previous order dated 10.5.1999. This application was vehemently opposed by the Petitioner herein in

Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 41 and 164; Army Rules, 1954 - Rule 25

Reported in : AIR1973MP191; (1972)IILLJ611MP

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals of course, as provided by Sub-clause … Ahmed V. Municipal Board, Kairana, 1950 SCR 566 = (AIR 1950 SC 163), 'the existence of an adequate legal remedy is a thing to be … such he could not have been tried by the General Court-Martial. On that contention the petitioner's conviction under Section 304 read with Section 149, Indian Penal Code and the sentence of six years' rigorous imprisonment was sought

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 … Minister as the Head and in the case of a state by reason of the provisions of Article 163(1) by the Governor acting with the aid and advice of his Council of Minister with the Chief Minister

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 … a Summary court-martial, virtually there is no statutory remedy under the Act The provisions of Sections 162 and 163 which provide for some solace to such persons is not a matter of right nor in the nature

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 … is made to try the accused by a Court Martial, sanction of the Central Government is not required.” 163. The law is therefore very clear that if an offence is committed even by Army personnel, there is

(Ex. Naik Clerk, G.D.) Ganeshan Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : FamilyService

Acts : Army Act, 1950 - Sections 20, 22 and 122; Hindu Marriage Act, 1955 - Sections 13; Army Rule, 1954 - Rules 13 and 17; Army Regulations, 1987 - Regulations 333, 333B, 333C and 432; Hindu Law

Reported in : [2005(105)FLR1045]

could not be terminated under the provisions of para 333 of the Regulations for the Army lead with Army Act, 1950. Section 20 and Army Rule 17. A show-cause notice is at Annexure-J. The petitioner submitted a detailed reply objecting … in Engineer units. He earned his, promotion to the Non-gazetted Officer rank of Naik, and was serving with 163 Bridging Company of 16 Engineer Regiment located then at Ambala Cantonment during 1990, On 16-2-1990, the petitioner married

Lt Col Beant Singh (Retd) vs Union of India & Ors.

Court : Delhi

Subject : Land Acquisition

initiated against him, which culminated in his trial by a General Court Martial under the provisions of the Army Act, 1950 [hereinafter referred to as „the Act‟].5. The proceedings before the General Court Martial commencedon 28.02.2001 and concluded on … Date:27.04.2026 W.P.(C) 14643/2024 Page 2 of 10 effect from 04.12.2001. A statutory petition preferred by the Petitioner under Section 164(2) of the Act came to be rejected by the Central Government on 08.08.2003.6. Aggrieved by the findings … Government, which, vide order dated 13.09.2012, in exercise of powers under Section 163(2) read with Section 179 of the Act, commuted the sentence awarded to

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

effect from 17.11.1988 and was then court-martialed under the provisions of the Army Act. He was charged Under Section 40(a), using criminal force to his superior officer, and Section 48 of the Army Act, 1950 for being … ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.2. The respondent was enrolled in the Indian Army on 17.03.1962. He was promoted to the rank of Subedar … Section 71 (e) - judgment of High Court set aside. - Sections 163-A & 166: [R.V.Raveendran & L.S.Panta,,JJ] Motor accident claim-Principles governing determination of liability

Union of India and ors. Vs. Himmat Singh Chahar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 354; Navy Act, 1957 - Sections 77(2) and 163(1); Army Act, 1950; Air Force Act, 1950; Constitution of India - Article 226

Reported in : AIR1999SC1980; 1999(1)ALD(Cri)913; 1999(2)ALT(Cri)261; 1999CriLJ2894; 1999(3)Crimes60(SC); 1999(2)CTC503; JT1999(3)SC631; 1999(3)SCALE620; (1999)4SCC521; [1999]3SCR513; 199

Navy or Air Force when commit any offence are dealt with by the special provisions contained in the Army Act or the Navy Act or the Air Force Act and not by the normal Procedure Code. The said … said order in the Court Martial Proceeding. In the Court-martial the respondent was found guilty of offence under Section 354 and was sentenced to imprisonment for 9 months, and his services were terminated. Facts culminating in the … order the respondent moved the Chief of the Naval Staff under Section 163(1) of the Act and the Chief of the Naval Staff though sustained

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