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inderpal Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 123 and 179; Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Sections 2 and 3; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 432, 433A and 482; Constitution of India - Articles 14, 19, 21, 226, 227, 246 and 254; Army Rules - Rule 204; Code of Criminal Procedure (CrPC) , 1898

Reported in : 1998CriLJ1736

Kulwant Singh was Naik in 29 Infantry Division C/o A.P.O. He was convicted under Section 69 of the Army Act, 1950 (equivalent to Section 302, IPC) at a general Court martial at Pathankot on 12-1-1995 and sentenced to undergo … enjoyed 2 weeks parole from 28-5-1996 to 12-6-1996.3. Respondent No. 2 contested this petition urging that as per Section 179(d) of the Army Act, 1950 read with Army Rule 204 any convicted person by Court-martial of any offence,

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 179; ;Transfer of Prisoners Act, 1950 - Sections 3(2); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 432, 432(7), 433 and 433(6); ;Constitution of India - Articles 14, 19, 21, 72 and 161

Reported in : 1990CriLJ1417

a return was filed in the connected writ petition No. 1511 of 1989. It was staed that the Army Act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down … : (1988 Cri LJ 417) in which while dealing with the main question whether a prisoner convicted under Section 179 of the Army Act and lodged in the civil prison was entitled to set off the period of

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Service

Acts : Pay and Allowance Regulation Rules, 1955 - Rule 51; Army Rules, 1954 - Rules 178 and 179; Army Act, 1950 - Sections 34, 38, 39, 80, 91 and 92; Constitution of India - Articles 226 and 311(2); Army Pension Regulations, 1961 - Regulations 173, 186, 187 and 189; Army Regulations - Regulations 178 to 187 and 196 to 200; Defence Services Regulations - Regulations 51 and 123; Civil Services Regulations

Reported in : (2006)144PLR97

are extracted below the facility of reference:Regulation 51: FORFEITURE OF PAY AND ALLOWANCES51. A person, subject to the Army Act, 1950 will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in Section 92 of … a recovered prisoner of war in respect of whom a Court of Inquiry convened under rules 178 and 179 of the Army Rules, 1954, has recommended and convening officer has decided that the provision of this sub-clause

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … to be a criminal court for the purposes of Sections 175, 178, 179, 180, 193, 195, 196 or 228 (45 of 1860) of the Indian … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the

A.K. Harida Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1988CriLJ597

reconsider the question regarding sentence which was too linient, by exercising revisional powers under Section 160 of the Army Act, 1950, (hereinafter referred to as the Act). The petitioner was then given a notice by GCM on 18-9-1986 directing … the respondents again reiterating that there is alternative remedy of appeal Under Section 164 and further appeal Under Section 179 of the Act. The petition is, therefore, liable to be dismissed as there is an alternative remedy which

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 … special procedure. Section 177 empowers the Central Government to make rules in respect of prisons and prisoners. Sections 179 to 190 provide for pardon, remissions and suspension of the sentence. There is no specific provision similar 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 … Inquiry is set out under Rule 179. The relevant subsections i.e. Sub-sections (3), (4), (5A) and 6 of Section 179 read as under:(3) Previous notice should be given of the time and place of the meeting of a

Balwan Singh Vs. Union of India and Another

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Indian Penal Code (IPC), 1860 - Sections 302; Court Martial Act - Sections 179

Reported in : 2001CriLJ1293

it was found that the proceedings of the court-martial were conducted in accordance with Section 179 of the Army Act, 1950 and Rules 22, 23, 24, and 180 of the Army Rules, 1954, in a fair mannerc) The case

Gurnam Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Subject : ServiceConstitution

Acts : Constitution of India - Article 226 and 226(2); Army Act, 1950 - Sections 179

Reported in : (1995)109PLR381

on December 17, 1987 and this order was passed at New Delhi. However, while exercising his powers under section 179 of the Act, the Chief of Army Staff commuted the sentence to that of 'dismissal from service'. The … always be presumed to be in accordance with law - - Ist Charge under Section 63 of the Army Act (for short, the Act) An omission prejudicial to good order and military discipline in that he, at Dehradun,

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

Court : Kolkata

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … the court of enquiry. It lias also been pleaded that under Rule 179 the court of enquiry is required to give opinion in respect of … compensation of the loss was preferred by the Supply Depot ASC Panagarh in accordance with the provisions of Section 78B of the Indian Railways (Amendment) Act of 1961 which was registered by the railways and the same