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Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced

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 … Rules, 1954.(ii)The statutory authority is bound to take into consideration, a pre-confirmation petition submitted by an officer under Section 164(1) prior to exercise of his power under Section 160 of the Army Act directing revision of the findings

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

P. Chandra Mouly Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 63, 71, 109, 164 and 165; Central Civil Services (CCA) Rules

Reported in : 1994(2)Crimes1107(SC); 1994(3)SCALE640; 1994Supp(3)SCC104

sentences of imprisonment. They invoked the jurisdiction of the Central Government under Sections 164 and 165 of the Army Act, 1950 but with no success. They filed two separate writ petitions before the Gauhati High Court challenging their convictions … and Ors. : 1969CriLJ663 wherein it has been authoritatively held that there is no express obligation imposed by Section 164 or Section 165 of the Army Act on the Confirming Authority or upon the Central Government to give

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 … of my learned brother. The Act provides remedies for an officer against whom the Court-Martial inflicts punishment. Under Section 164 of the Act, any person aggrieved by a finding or sentence of any court-martial can present a petition

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 … It is the next contention of the learned Counsel for the petitioner that the petitioner's appeal preferred under Section 164(2) of the Act has not been considered in a proper manner, that though the impugned order itself recites

Abhimanyu Vs. The Union of India and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

maintained. Writ Petition is disposed of in the above terms. No costs. Constitution of India, 1950 Article 226 Army Act, 1950 Section 44 Section 164 Conviction and dismissal Petitioner challenged validity of order of conviction and dismissal in Summary Court

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. … for quashing the finding and sentence of the General Court Martial and the order rejecting the petition under Section 164(2) of the Army Act.2. The petitioner was tried by General Court Martial for stabbing Sepoy Driver Rabari Bhagwan

V.S. Tiwari and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 63, 64 and 164(2); Indian Penal Code (IPC) - Sections 34; Constitution of India - Article 226

Reported in : 2004CriLJ202; RLW2003(3)Raj1750; 2003(3)WLC761

taken by the respondents is whether the statutory remedy available to the petitioners Under Section 164(2) of the Army Act, 1950 (hereinafter referred to as 'the Act of 1950'), if it is not availed, the present writ petition under

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … and 6 years rigorous imprisonment. Against the decision of the Court Martial the petitioner field a petition under Section 164 of the Army Act but the petition was dismissed by the confirming authority and the finding and sentence