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Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter … are, however, satisfied on the material placed before us that the court of inquiry was formed under Rule 177 of the Army Rules and the purpose of court of inquiry was to collect the evidence for the

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of … case to the proper superior authority or take such other action as contemplated in Rule 122(3). Under Rules 177 to 185 Court of Inquiry may be assembled by officer in command of anybody of troops. Chapter XII

Union of India Through Its Secretary, and ors. Vs. Rabinder Singh.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rule 177; Army Act, 1950 - Section 191

to make a report under Rule 177 of the Army Rules, 1954 framed under Section 191 of the Army Act, 1950. On conclusion of the inquiry a disciplinary action was directed against the respondent. (ii) Thereafter, the summary of

Romesh Kumar Sharma Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Army Rules, 1954 - Rules 14, 17 and 177; Army Act, 1950 - Sections 19, 20, 20(1), 20(3) and 122; Constitution of India - Articles 14 and 21; Army Regulations

Reported in : 2006(3)AWC2955(SC); [2006(111)FLR510]; [2007(1)JCR80(SC)]; JT2006(7)SC209; 2006(7)SCALE471; (2006)6SCC510; 2006(2)LC1075(SC)

State, it was considered expedient by the authorities to proceed against the appellant under Section 20(1) of the Army Act, 1950 (in short the 'Act') read with Rule 17 of the Rules. Accordingly, the appellant was dismissed from service … during the period 1984-85. The appellant along with others was interrogated and a Court of Inquiry under Rule 177 of the Army Rules, 1954 (in short the 'Rules') was constituted to collect evidence and to report. Said

Union of India and Others Vs. Sadha Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Army Act, 1950 - Sections 69, 177 and 179 to 190; Army Act(Amendment), 1992 - Sections 169A; Code of Criminal Procedure (CrPC) - Sections 428 and 433A

Reported in : AIR1999SC3833; 1999(2)ALD(Cri)815; 2000CriLJ15; 1999(3)Crimes263(SC); JT1999(8)SC337; 1999(6)SCALE594; (1999)8SCC375; [1999]Supp4SCR28

Martial after being tried for the of fence under Section 302 I.P.C. and under Section 69 of the Army Act, 1950. He preferred a writ petition in the High Court for his immediate release from the imprisonment on the … inter alia providing for investigation, trial and punishment for the of fences mentioned therein by a special procedure. Section 177 empowers the Central Government to make rules in respect of prisons and prisoners. Sections 179 to 190 provide

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 26, 27 and 33

Reported in : 73(1998)DLT181

be a Court of Inquiry under Sections 63 and 69 of the Army Act, 1950 read with Rule 177 against the concerned official and those who are guilty must be suitably punished. The learned Counsel referred to … in the case of the petitioner. The learned Counsel referred to Sections 26, 27 and 33 of the Army Act, 1950. 11. Section 26 provides for remedy of aggrieved persons other than .officers. The provisions give right to such

Union of India (Uoi) and ors. Vs. Major A. HussaIn (ic-14827)

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 63 and 191; Army Rules, 1954 - Rules 22(1), 23, 24, 25, 47, 81, 82, 95, 96, 105, 149, 177, 180 and 184

Reported in : AIR1998SC577; JT1997(9)SC676; 1996LabIC581; (1996)ILLJ781SC; 1995(6)SCALE214; (1998)1SCC537; 1998(1)LC165(SC); (1998)1UPLBEC330

him including the confirmation of sentence passed upon him by the court-martial.2. A General Court-Martial (GCM) under the Army Act, 1950 (for short 'the Act') was convened to try the respondent holding the rank of Major in the Army … rank of Major in the Army on the following charge:'Charge-Sheet'The accused IC-14827F Major Arshad Hussain, 225 Ground Liaison Section Type 'C' attached to AOC center, an Officer holding a permanent commission in the Regular Army, is charged … 191 of the Act 'staff court of inquiry' was ordered under Rule 177 to investigate the loss, apportion blame and to suggest remedial measures to

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 … held in January 2001 to ascertain the facts revealed by the petitioner in the notice. 5. Under Rule 177(1) of the Army Rules, a Court of Inquiry is an assembly of officers directed to collect evidence and

Union of India (Uoi) and ors. Vs. V.N. Singh

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 37, 122, 122(1), 123, 153, 154 and 160; ;Constitution of India - Article 226; ;Army Rules - Rules 22 and 177; ;Defence Service Regulations

of body of troops and the power to convene a Court of Inquiry in terms of Army Rule 177 is vested only with an Officer in command of body of troops. The facts of the present case … the respondent by Court Martial was time barred in view of the provisions of Section 122(1)(b) of the Army Act, 1950.2. The facts emerging from the record of the case are as under:The respondent i.e. Mr. V.N. Singh who

Union of India (Uoi) and ors. Vs. Ram Sunder Ram

Court : Kolkata

Subject : Civil

Acts : Army Act, 1950 - Sections 17, 19, 20 and 72; ;Army Rules, 1954 - Rules 13(3), 177 and 182; ;Air Force Rules - Rule 137; ;Constitution of India - Article 33

Reported in : 2005(4)CHN361

that the writ petitioner/ respondent was discharged from army service under the provisions of section 20 of the Army Act, 1950 read with Army Rules 13(3)(V) read with Clause (v) of the Table and after affording the writ petitioner/respondent … was formed for the purpose of collection of evidence. Such a Court of Inquiry was formed under Rule 177 of the Army Rules. Such a Court of Inquiry may consist of a number of officers of any