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Lalloo Singh Vs. Union of India (Uoi) and ors.
Allahabad
May-28-2004
ServiceConstitution
Constitution of India - Articles 22 and 33; Army Act, 1950 - Sections 21; Army Rules, 1954 - Rules 22 and 129
2004(3)AWC2752
Havaldar (OPR) in 129 AD Regiment when he was charge-sheeted for two offences under Section 40(c) of the Army Act, 1950. He was tried by a Summary Court Martial and was awarded the following punishment :(a) to be reduced … Article 22 ftndS place in Part III of the Constitution of India, which deals with fundamental right. Article 33 which also finds place in Part III stipulates that Parliament may by law restrict the applicability of the
Tag this Judgment! AI Brief & AskLt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.
Delhi
Mar-20-1998
Service
Army Act, 1950 - Sections 26, 27 and 33
73(1998)DLT181
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
Tag this Judgment! AI Brief & AskNirmal Lakra Vs. Union of India (Uoi) and ors.
Delhi
Sep-30-2002
Service
Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482
2003(1)SLJ151(Delhi)
Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … Court is limited.12. India, i.e., Bharat proclaims equality to all persons. Article 33 of the Constitution of India is an exception to the said rule … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view
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Dr. Subhendu Sen (Vsm) Vs. Government of India and ors.
Andhra Pradesh
Dec-19-1997
Constitution
Army Act, 1950 - Sections 39, 52, 71, 74, 153, 154, 155(2), 157, 158, 160(1), 164(1) and (2) - Rules 68(3) and 105; Constitution of India - Articles 33 and 226
1998(1)ALD773
first three charges were framed under Section 52(b) and the 4th charge was under Section 39(a) of the Army Act, 1950.4. The General Court-Martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. During the proceedings 32 persons were examined as … of holding the enquiries and trials. The Parliament in its wisdom in exercise of its powers under Article 33 has enacted this law and the officers are to be guided by factors like exigencies of service, maintenance
Tag this Judgment! AI Brief & AskLt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...
Supreme Court of India
Aug-25-1982
ServiceConstitution
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)
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 … ASC under 20 Mountain Division which is one of the Divisions in 33 Corps. Petitioner was second-in-command. On February 12, 1979, the petitioner sought a
Tag this Judgment! AI Brief & AskM.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.
Allahabad
Aug-29-2001
Service
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)
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. … the entire proceedings are vitiated.(ii) the proceedings of summary court martial are vitiated due to non-compliance of Rule 33 (7) and Rule 34 of the Army Rules, 1954.(iii) Petitioner was denied assistance of a civil lawyer which
Tag this Judgment! AI Brief & AskUnion of India and ors. Vs. Harjeet Singh Sandhu Etc.
Supreme Court of India
Apr-11-2001
Service
Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311
AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397
result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … a class apart and a different system of justice - military justice - being devised for them. Article 33 empowers the Parliament to restrict or abrogate fundamental rights in their application to the members of the armed
Tag this Judgment! AI Brief & AskEx. Gnr. Ajit Singh, S/O Mahesh Chand Vs. the Union of India (Uoi) and ...
Delhi
Mar-08-2004
Criminal
Code of Criminal Procedure (CrPC) , 1898; ;Criminal Law (Amendment) Act, 1952 - Sections 6(1); Army Act, 1950 - Sections 32; Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2(l); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3 (1)
2004CriLJ3994; 2004(73)DRJ494
was contended that once an individual is enrolled in the Army, he is governed by the provisions of Army Act, 1950. In para 2 of the counter affidavit the respondent has taken the stand that such person is not … that under Army Act certain fundamental rights can be abridged under Article 33 of the Constitution of India so as to maintain discipline in the … is to the whole of India except the State of Jammu & Kashmir. He has placed reliance on Section 2(k) which defines that 'Juvenile' or 'child' means a persons who has not completed eighteenth year of age.
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. L.D. Balam Singh
Supreme Court of India
Apr-24-2002
Criminal
Constitution of India - Articles 33, 226 and 227; Army Act, 1950 - Sections 69, 70 and 109; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 36A(1), 41, 42, 42(1), 41(2), 42(2), 43, 50 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 100; Code of Criminal Procedure (CrPC) (Amendment) Act, 1974; Army Rules
2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)
refer to the relevant provisions of the Army Act and the Rules framed thereunder. Chapter VI of the Army Act, 1950 stands ascribed to the offences and Section 69 therein deals with the civil offences, which reads as below … While it is true that Army personnel ought to be subjected to strictest form of discipline and Article 33 of the constitution has conferred powers on to the Parliament to abridge the rights conferred under Part III
Tag this Judgment! AI Brief & AskBaburao Vs. Manikrao and anr.
Supreme Court of India
May-13-1999
Election
Representation of the People Act, 1950 - Sections 14 to 25; Representation of the People Act, 1951 - Sections 2(1), 5, 33(5), 36 and 100; Constitution of India - Articles 84, 102, 173, 191 and 371A, ; Army Act, 1950; Government of Union Territories Act, 1963 - Sections 4 and 14
AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)
armed forces of the Union; or(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950) have been made applicable whether with or without modifications; or(c) being a member of an … Section 5(c) of 1951 Act read with Section 2(l)(e) of the same Act. He also placed reliance on Section 33(5) read with Section 36(2)(b) of the 1951 Act and contended that the failure on the part of the
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