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Ajmer Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

liable to be tried by Court-martial-(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of … and detention of offenders and terminating with the execution of sentences and the grant of remissions, suspensions etc.9. Section 167 of the Act specifically lays down that whenever a person is sentenced by a Court-Martial under the Act

P.K. Choudhury Vs. Commander, 48 Brtf (Gref)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 125 and 126; Prevention of Corruption Act; Indian Penal Code (IPC), 1860 - Sections 166 and 167; Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 468, 468(2), 473 and 482

Reported in : AIR2008SC1937; 2008(1)ALD(Cri)861; JT2008(3)SC601; 2008(3)SCALE575; 2008AIRSCW2197; 2008(2)AICLR488; 2008(2)AICLR488

be taken as the appellant would be governed by the provisions of Section 125 and 126 of the Army Act, 1950. The said provisions in our considered opinion have no application whatsoever. Section 125 of the Act postulates a … simple imprisonment for a term which may extend to one year; the sentence which can be imposed under Section 167 is one of either description for a term which may extend to three years or with fine or

Union of India and ors. Vs. Sunil Kumar Sarkar

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 4 and 167; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rules 10 and 19; Constitution of India - Articles 20 and 311(2)

Reported in : AIR2001SC1092; RLW2001(2)SC190; 2001(2)SCALE286; (2001)3SCC414; 2001(2)LC976(SC)

Santosh Hegde, J.1. A General Court Martial (GCM) under the provisions of the Army Act, 1950 was initiated against the respondent herein for certain allegations of defrauding the Border Road Organisation ('the Organisation') in … of sentence being confirmed by the higher authority is also contrary to the provisions of the Army Act. Section 167 of the said Act mandates that when a person is sentenced by a Court Martial his sentence shall

Banka Das, Vs. State of Orissa

Court : Orissa

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to … in Section 37 of the Act relating to giant of bail override the effect of the proviso to Section 167(2) of the Code of Criminal Procedure, 1973 (in short, the 'Code'), and/or whether the said proviso to Section

Capt. Parveen Rawat and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Ranbir Penal Code (IPC) - Sections 120B, 409, 420 and 467; ;Army Act, 1950 - Sections 45, 52F and 69; ;Army (Amendment) Act, 1987; ;Army Regulations; ;Navy Act; ;Air Force Act - Section 176; ;Army Courts and Criminal Courts Rules; ;Court-martial (Adjustment of jurisdiction) Rules, 1978 - Rule 3, 4, 5 and 6; ;Criminal Procedusre Code , Svt. 1989 - Sections 1, 1(2), 5, 5(1), 5(2), 167, 428, 475, 549 and 561A; ;Constitution of India - Article 20; ;Army Rules

found to be involved in the scam and consequently G.O.C. 14 Corps directed initiation , of action under Army Act 1950 against them for various acts of omission and commission punishable under Army Act. Pursuant to his directions petitioners … investigation the petitioner No. l who is a Captain in the army, was also arrested and remand Under Section 167 Cr.P.C. was obtained for his custody from C.J.M.Leh.The FIRs registered by the police are for commission of offences

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

them. Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … in the case of a Non-Combatant (Enrolled) or more of qualifying service, the special pension admissible, under Regulation 167 read with Regulation 165 shall be granted from that date.'48. The main controversy, so far as this batch

Varghese Vs. State of Kerala

Court : Kerala

Subject : CriminalService

Acts : Army Act, 1950 - Sections 70, 125 and 126; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 73, 167, 167(3), 438 and 439

Reported in : 2005(2)KLT802

a non-bailable offence, when the accused is brought or has appeared before the Magistrate.6. Section 70 of the Army Act, 1950, in short 'the Army Act', lays down that if a person subject to the Army Act commits an … release him on bail under Section 439 or authorise his detention in custody (either police or judicial) under Section 167 of the Code. Whether the Magistrate, on being moved by the Investigating Agency, will entertain its prayer for

Ajit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 5 and 428; Army Act, 1950 - Sections 2, 167 and 169

Reported in : AIR1988SC283; 1988(36)BLJR571; 1988CriLJ417; 1988(1)Crimes207(SC); JT1987(4)SC462; 1988(1)KLT230(SC); 1987(2)SCALE1113; 1987Supp(1)SCC493; [1988]2SCR40; 1988(2)SLJ1(SC); 19

K. Jagannatha Shetty, J.1. The petitioners have been convicted and sentenced by the General Court Martial under the Army Act, 1950. They have been lodged in civil jails. They seek a set off of their pre-trial detention against the … out by confinement in a civil prison.xx xx xx xx xx xx xx xx xx xx xx xx4. Section 167 of the Army Act also provides that the term of sentence imposed by a court-martial shall be reckoned

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957

of the Code of Criminal Procedure to a person sentenced to undergo imprisonment by general court-martial under the Army Act, 1950 (for short “the 1950 Act”). The two learned Judges observed that the position in the Army Act would … between different High Courts pertaining to the applicability of Section 428 of the Code and, thereafter, the interpreted Section 167 of the 1950 Act and came to hold as follows: -“9. Section 167 of the Act specifically lays

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 … action taken by the Central Government.[10].52. It is stated that between 2007 and 2012, the NHRC has received 1671 complaints/information regarding fake encounters (not necessarily from Manipur) and it has awarded monetary compensation to the tune of