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M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998. … clear violation of Rule 180 of Army Rules, 1954 and it was right of the petitioner under Rule 184 to have a copy of court of inquiry. It was further contended that exhibits filed with the Court

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 … has vitiated the entire Court Martial. The appellant has relied upon Rule 184 of the Army Rules, 1954 in this connection. Rule 184, however, provides … 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)

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 … habeas corpus.13. We 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 the merits of the said representation, we direct the Competent

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 … before the commencement of the General Court-Martial in accordance with Army Rule 184.9. The Commanding Officer of the respondent requested the trial of the respondent

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 … contended that even in holding the Summary Court Martial, the procedure as contemplated under Rules 22, 34 and 184 of the Rules have not been followed, which are mandatory for a trial before the Summary Court Martial

Maj.R.K.Sareen Vs. Uoi and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 227; Army Act; Army Rules - Rule 184

Union of India & Ors v Brigadier J.S. Sivia 1996 MLJ SC 3. After examining various provisions of Army Act, 1950 and Army Rules, 1954, it was held by the Court that the view taken by the Himachal Pradash … to ground (iii), it was held by the Single Judge that Rule 184 of Army Rules 1954 when read in light of dictum of law … COAS, so as to avoid resorting to the extreme step of action under the provisions of Army Act Section 19 read with Army Rule 14." (Emphasis Supplied)30. The validity of the afore-noted letter dated 05.01.1989 came up

Subedar Major S.N. Thakur Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Act, 1950 - Sections 63, 64 and 65; Army Rules, 1954 - Rules 22, 23(1), 180, 182 and 184; Army (Amendment) Rules, 1993

Reported in : 76(1998)DLT695

by respondent No. 6, who framed charge sheet against them under Sections 63, 64 and 65 of the Army Act. They were neither supplied with the copy of the charge sheet nor other connected documents. They were made … Army Rule 22 were initiated against them by respondent No. 6, who framed charge sheet against them under Sections 63, 64 and 65 of the Army Act. They were neither supplied with the copy of the charge … Major A. Hussain's case (supra), considering the scope of Rules 180 and 184, it was held that the proceedings of Court of Inquiry are in

Major Amarjit Singh Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 63 and 164(2); Constitution of India - Articles 226 and 227

Reported in : 1997(3)ALLMR430; 1997(3)BomCR619; (1996)98BOMLR770

Army Staff, New Delhi dated 9-1-1991 whereby the petition against the confirmation order under section 164(2) of the Army Act, 1950 was dismissed.2. On 3rd November, 1988, the petitioner was appearing in a written examination known as 'Technical Staff … petitioner made a post-confirmation petition on 23rd July, 1990 to the Chief of the Army Staff under section 184(2) of the Act. This petition also came to be dismissed on 9-1-1991. The dismissal of the post confirmation

Adavayya Karaguppi and Others Vs. the Union of India, Represented by t ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : Education

mentioned”. 14. It is thus clear that the offence of fraudulent enrolment is a punishable crime under the Army Act, 1950 on conviction by a court martial. The punishment that can be inflected on the guilty is of imprisonment … and appropriate decision in accordance with law was taken. Neither Army Rule 184 nor Army Act Section 122(4) was attracted in the matter. 9. The … for having their fraudulent enrolments were recommended to be served with show cause notices under the Army Act, Section 20, read with Army Rule 17. Apart from the aforesaid candidates, certain officers/officials involved in making the recruitment

L/D Clerk Vinod Kumar Sharma Vs. Union of India and ors

Court : Rajasthan Jodhpur

Subject : Education

the learned counsel for the parties though admit that the present petitioner, is covered by the provisions of Army Act, 1950, however, the learned counsel for the petitioner, Mr. S.K. Nanda, submitted that since the issue involved in the … issue involved in the present case does not fall within the definition of 'Service Matters' as defined under Section 3 (o) of the Armed Forces Tribunal Act, 2007 (for short, hereinafter referred to as 'Act of 2007')