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Chief of Army Staff and Others Vs. Major E.P. Chadha
Supreme Court of India
Dec-21-1990
Criminal
Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475
AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)
a reference thereto was barred by limitation. The Court Martial was, therefore, dissolved Under Section 117 of the Army Act, 1950, (referred to hereinafter as 'the Act') and the respondent was handed over to the civil authorities for being … but ultimately, a complaint was filed on September 4, 1987, before a Chief Judicial Magistrate, Amritsar Under Section 190(1)(a) of the CrPC, 1908, against the respondent and others suspected to be involved in the torture which led
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Through Major General H.C. Pathak Vs. Major S.K. ...
Supreme Court of India
Jun-29-1987
Criminal
Code of Criminal Procedure (CrPC) 1973 - Sections 190, 200 to 203, 204, 204(1), 475 and 475(1); Army Act, 1950 - Sections 124, 125 and 127; Army Rules, 1950 - Rules 22 and 177; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 3 to 8; Constitution of India - Articles 20 and 33; Indian Penal Code (IPC), 1860 - Sections 217, 323, 352 and 355
AIR1987SC1878; 1987CriLJ1912; JT1987(3)SC12; 1987(2)SCALE12; (1987)3SCC490; [1987]3SCR456; 1987(2)LC362(SC)
procedure laid down in Army Rule 22 of Army Rules, 1954 and that under Section 125 of the Army Act 1950 read with Army Rule 197A of the Army Rules and the Criminal Court and Court Martial (Adjustment of … S.K. Sharma under Section 200 of the Cr. P.C. and had taken cognizance of the offence under Section 190(a) of the Code and on being satisfied of the existence of a prima facie case process had been
Tag this Judgment! AI Brief & AskChandra Mohan Shukla Vs. State of Assam and anr.
Guwahati
Jul-17-2007
Criminal
I.A. Ansari, J.1. Can an Army authority, in exercise of its powers under Section 125 of the Army Act, 1950, seek, for the purpose of investigation or trial, the custody of a person, who is subject to the … a Magistrate, who is empowered to take, on the basis of a complaint, cognizance of an offence under Section 190 of the Code, directs the police to investigate a case. Section 173(2) of the Code perceives of submitting
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Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)
Supreme Court of India
Mar-22-1996
Criminal
Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17
AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785
August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from service … case under the Code of Criminal Procedure, 1973, viz., Chapter XIV 'Conditions requisite for initiation of proceedings' containing Section 190 to 210. Chapter XVIII containing Sections 225 to 235 and dealing with 'trial before a Court of Sessions'
Tag this Judgment! AI Brief & AskUnion of India and Others Vs. Sadha Singh
Supreme Court of India
Oct-25-1999
Criminal
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
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 … 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 Section 433A
Tag this Judgment! AI Brief & AskHarpreet Singh and Others Vs. State of Delhi
Delhi
Jul-23-2012
Criminal
we examine and decide the legal contention raised by Harpreet relying upon Sections 69 and 70 of the Army Act, 1950 (Army Act, for short) read with Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 (Rules, for … Legal Affairs, West Bengal versus Usha Ranjan Roy Choudhury, 1986 (Supp.) SCC 190, Union of India versus Major S.K. Sharma, (1987) 3 SCC 490, Delhi … order of sentence dated 22nd August, 2009. The appellants Harpreet Singh and Satyender Singh have been convicted under Section 376(2)(g) of the Indian Penal Code, 1860 (IPC, for short) and all the appellants-accused have been convicted under
Tag this Judgment! AI Brief & AskP.P. Prasad Vs. Lt. Commander and ors.
Kolkata
Nov-10-1998
Criminal
Indian Navy Act, 1957 - Section 78; ;Army Act, 1950; ;Air Force Act, 1950; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 190, 200 to 204, 323, 342, 397, 401, 448, 475 and 482; ;Constitution of India - Article 227
1999CriLJ243
to be tried by Court-martial :-(1) The Central Government may make rules, consistent with this Code and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed … 1992, it has dealt with elaborately with the scope of Section 475, 190, 200 to 204 of the Code of Criminal Procedure and has observed … ORDERN.K. Mitra, J.1. The petitioner initially on 5th Nov. 1998 sought to move a Criminal Revision under Section 401 read with Section 482 of the Code of Criminal Procedure challenging, inter alia, the order dated 22-9-1998
Tag this Judgment! AI Brief & AskAir Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...
Guwahati
Aug-17-2013
Education
Parliament by making law, in respect of a member of armed forces, even a person, subject to the Army Act, 1950, and/or the Air Force Act, 1950, cannot be denuded of his right to protect his reputation from being … recording of summaries of evidence and the administration of oaths of affirmation by such courts. 105. Referring to Section 190 of the Air Force Act, 1950, which confers powers on the Central Government to make regulations for all
Tag this Judgment! AI Brief & AskMowu Vs. the Superintendent, Special Jail, Nowgong, Assam and ors.
Supreme Court of India
Dec-14-1970
Criminal
Constitution of India - Articles 21 and 22; Criminal procedure Code (Cr. PC) - Sections 167, 190, 200, 204(1-A), 344 and 388; Indian Penal Code (IPC), 1860 - Sections 120-B, 121, 121-A and 122
(1971)3SCC936; 1971(III)LC111(SC)
a government calling it the Naga Federal Government and organised a Naga army with the object of waging war against the Government of India, that … India, for reasons of security and maintenance of public order, passed orders of detention under the Preventive Detention Act, 1950 and detained them in different jails, the petitioner being detained in a Delhi Jail. In the meantime one … a competent Magistrate to take cognizance of the offences, with which the petitioner and others were charged, Under Section 190 of the Code. Taking cognizance of an offence within the meaning of Section 190 only means that the
Tag this Judgment! AI Brief & AskState of M.P. Vs. Maharani Ushadevi
Supreme Court of India
Jul-15-2015
Land Acquisition
depositing Tauzi assessment/revenue charges with the treasury of Holkar State. On 31-08-1945, these birs were transferred to the Army Department of the Holkar State, for harvesting grass, for a period of one year on experimental basis. Again … ordinary tenant in view of Section 54(viii) and Section 54(xviii) of the Madhya Bharat Land Revenue and Tenancy Act, 1950. Thereafter, under Section 185(1)(ii)(a) read with Section 190(1) of the Madhya Pradesh Land Revenue Code, 1959 all ordinary
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