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Ex. Rect. Lachhman Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 39, 80 and 120(3); ;Army Rule, 1954 - Rules 22, 22(1), 115, 115(2), 115(2A), 129 and 180

Reported in : 2003(1)SLJ237(Delhi)

the charge. Next that though the petitioner was served with a charge sheet under Section 39(a) of the Army Act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of … a charge which arises as a result of investigation by the court of enquiry wherein provisions of Rule 180 stand complied with. Rule 22 provides as under:-22. Hearing of Charge:- (1) Every Charge against a person subject

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 19(1), 21, 32 and 33; Army Rules, 1954 - Rules 22 to 25, 37, 40, 41, 42, 44, 180, 187 and 187(3); Army Act, 1950 - Sections 7, 8, 113, 125, 191 and 192; Code of Criminal Procedure (CrPC)

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC); MANU/SC/0233/1982

been initialled by the officer reported upon is the gravamen of the charge under Section 45 of the Army Act on which the petitioner is called upon to face a trial by the General Court Martial convened under … failed to comply with two pre-conditions incorporated in the proviso to Section 5A of the Prevention of Corruption Act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. The High Court held that … for the procedure to be followed by a Court of Inquiry. Rule 180 provides that whenever an inquiry affects the character or military reputation of

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 … accordance with the provisions of para 518 regulations for the Army, 1987 revised edition read with Army Rules 180 and 181.3. In furtherance thereof yet another Court of Inquiry was convenedand a report was submitted on 30-9-1996.

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, … be a criminal court for the purposes of Sections 175, 178, 179, 180, 193, 195, 196 or 228 (45 of 1860) of the Indian Penal … 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

Major General Inder Jit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 13, 24, 28(2), 30, 31, 33(7), 38, 67, 95, 180 and 184; Army Act, 1950 - Sections 52, 63, 71, 72, 73, 109, 117; Army Law

Reported in : JT1997(4)SC8; 1997(3)SCALE111; (1997)9SCC1

Pradesh challenging the inquiry proceedings held against him and his trial by a General Court Martial under the Army Act, 1950. This writ petition has been dismissed by the impugned judgment and order of the High Court of Madhya … Inquiry is in the nature of a fact-finding inquiry committee. Army Rule 180 provides, inter alia, that whenever any inquiry affects the character or military … The tentative charges which were framed on or about 28.10.1989 were twelve in number. Each Charge was under Section 52 of the Army Act and in the alternative, under Section 63 of the Army Act. Section 52(b)

Major General A.K. Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Civil

Reported in : RLW2009(2)Raj1039

the provisions of the Army Act, an Act framed by the Parliament for trial of offenders, the said Army Act, 1950 has been enacted by the Parliament in the light of Article 33 of the Constitution of India and … 24.3.2008.11. Aggrieved by the said order, the petitioner filed a statutory complaint to Central Government at Delhi under Section 27 of the Army Act praying for shifting the venue of trial from Northern Command to any other … of investigation by a Court of inquiry, wherein the provisions of rule 180 have been complied with in respect of that accused, the commanding officer

Capt. Paramjeet Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Reported in : 1992(1)WLC37; 1991(2)WLN198

it have been given in the absence of any provision to that effect under Section 109 of the Army Act, 1950 (hereinafter referred to as 'the Act'). The second submission of Mr. Garg, is that the tentative charge sheet … contained in Section 109 of the Army Act as well as Rules 22, 23, 25, 37, 41 and 180 of the Army Rules and, therefore, the very order convening G.C.M. is liable to be quashed and all

Major Suresh Rana Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 1 and 120(2); Army Rules, 1954 - Rules 22, 22(1), 23, 24, 24(1) and 180

Reported in : 151(2008)DLT603

against him. In case the Commanding Officer finds that the evidence does not show any offence under the Army Act, 1950 had been committed, the charge is dismissed or he can proceed for taking down the summary of evidence … V of the Army Rules, 1954 (hereinafter to be referred to as, 'the said Rules'). The scheme of Section 1 of the said Chapter deals with investigation of charges and remand for trial. Rule 22 of the … of investigation by a Court of inquiry, wherein the provisions of Rule 180 have been complied with in respect of that accused, the commanding officer

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 … India, the petitioner, an employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer … have been apprised that the petitioner has submitted a representation under Section 180(1) read with Section 184 of the Act. Without expressing any opinion on

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 … court of enquiry in terms of Army Rule 179 nor having adhered to the procedure contemplated under Rule 180, has declared the petitioner as deserter, which has the effect of affecting the reputation of the petitioner and