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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 … unnatural death that is death due to suicide, violence or under suspicious circumstances information should be given under Section 174, Criminal Procedure Code to the Civil authorities, and the conduct of Maj. Agarwal in sending information to the

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

: [1996]3SCR785 . In thesaid case considering the similar provision as to thecommencement of a trial in the Army Act, 1950, this Court held :'In the light of the above discussion, we hold that the trialcommences the moment GCM … order dated 8.7.1998 made by thelearned Special Judge, C.B.I., Patiala by which charges wereframed against the appellant under Sections 7 and 13(2) read withSection 13(1)(d) of the Prevention of Corruption Act, 1988. Theappellant sought for quashing of … 45B, Rule 51A, Rule 53, Rule65, Rule 66, Rule 170, to Rule 174.18. Rule 41, we notice, applies only when Section 80 comes intoplay which

Ramaswamy Iyer Agnellus Lawrence Gopalan Vs. the Union of India and an ...

Court : Mumbai

Subject : CriminalLimitation

Acts : Indian Penal Code (IPC), 1860 - Sections 68, 69, 70 and 409; Army Act - Sections 3, 69 and 174; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 386, 386(2) and 386(3) - Schedule - Rules 5, 10 and 11

Reported in : AIR1963Bom21; (1962)64BOMLR440; 1963CriLJ152; ILR1962Bom523

Criminal Procedure Code (Act V of 1898), Section 386--Army Act (XLVI of 1950) Sections 174, 69--Expression 'levy' in Section 70 Indian Penal Code, whether means … Act there is no provision similar to the one under Section 70 of the Indian Penal Code. Under Section 174 of the Army Act the Military Authorities concerned have a power to send a copy of the sentence … Indian Penal Code has no application inasmuch as it is a conviction by a Court Martial under the Army Act, and in the Army Act there is no provision similar to the one under Section 70 of the

Vidya Parkash Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 39, 71, 108 and 116; ;Constitution of India - Articles 14 and 21; Army Rules, 1954 - Rule 39(2)

Reported in : AIR1988SC705; JT1988(1)SC284; 1989LabIC1205; 1988(1)SCALE313; (1988)2SCC459; [1988]2SCR953; 1988(1)LC588(SC)

Martial and Army Rule 39(2) does not apply to Summary Court Martial constituted under Section 116 of the Army Act, 1950. It has been further stated that a summary Court Martial may be held by a Commanding Officer of … June, 1979 by 1 EME center.(iii)Reduced to the rank under AA Section 63 on 24 January, 1983 by 174 Fd. Regt.(iv) 20 days R.I. and 14 days detention in mil. custody under AA Section 39(a) on 10th

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 … respect thereof can be instituted in a criminal court subject to the appropriate procedure being followed. Further steps 174. Unfortunately, we have not been given accurate and complete information about each of the 1528 cases that the

Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1986)2GLR1352

or any special form of procedure prescribed, by any other law for the time being in force.3. The Army Act, 1950, is an Act to consolidate and amend the law relating to the Government of regular Army. In the … sentence of transportation or imprisonment, Sections 168 and 169 provide for execution of sentence of transportation and imprisonment, Section 174 provides for execution of sentence of fine. There are restrictions on corporal punishment. Ch. XIV (Sections 179 to

Sapna Tyagi Vs. Secretary (Defence) and ors

Court : Delhi

Subject : Criminal

4 of the Code of criminal Procedure. Counsel for the petitioner submits that under Section 101 of the Army Act 1950, for any offence, it is the duty of the Army to take the offender into the military custody … an inquest in the like cases in accordance with the provisions Counsel thus submits that it was of Section 174 Cr.P.C. not within the domain of the Army authorities to conduct any kind of investigation into the alleged

Capt. Kulwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

3rd July 2001 he was chargesheeted for committing two offences i.e. under Sections 52(b) and 57(a) of the Army Act i.e. dishonestly misappropriating property belonging to the government and in a letter signed by him knowingly making a … Artillery Brigade, an officer holding a permanent commission in the regular Army, is charged with:-Section 52(b) Army Act, 1950Dishonestly misappropriating property belonging to the Government In that he, at Allahabad, on 07 September 1998, having drawn a … S.S. Dhillon, Member 1. T.A. 174 of 2010 has been filed by the Petitioner wherein he seeks quashing

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

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 … “proceedings during trial” or “dealt with the matter at the stage of trial” - whether made out?. (paras 174 to192) (vi) When can an order in a case be treated as expressing a final opinion or definite