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Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … furnished the list of witnesses to be called by him at the initial stage as required under Rule 34(1) of the Army rules, 1954 (hereinafter called 'the Rules'). Hence, no relief can be granted to the petitioner.

Ex-havildar Ratan Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 34, 36, 37, 69 and 120(2)

Reported in : AIR1992SC415; 1991CriLJ287; 1991(3)Crimes822(SC); JT1991(4)SC427; 1991(2)SCALE1047; 1992Supp(1)SCC716; [1991]Supp2SCR370

having regard to the nature of the charge against the appellant, the provisions of Section 34 of the Army Act, 1950 (hereinafter referred to as the Act) are attracted, and in view of Section 120(2) of the Act, trial

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : 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

Reported in : 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 … solely on ground of Court martial proceedings being not commenced within period of limitation under Section 22. - Section 34: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Award of interest by way of damages Held, It is not permissible except in

Union of India and ors. Vs. R.K. Sharma

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 71 and 72; Army Orders - Orders 70 and 84; Army Rules, 1954 - Rules 22, 23, 24 and 149; Constitution of India - Articles 14, 32, 226 and 227

Reported in : AIR2001SC3053; [2001(91)FLR1006]; JT2001(9)SC76; 2001LabIC4007; 2001(7)SCALE70; (2001)9SCC592; 2001(4)SCT828(SC); 2002(1)SLJ323(SC); (2002)1UPLBEC111

coming to the conclusion that the punishment of dismissal was violative of provisions of Section 72 of the Army Act, 1950. Section 72 merely provides that the Court Martial may, on convicting a person, award either the punishment which is … court-martial may on convicting a person subject to this Act of any of the offences specified in Secs. 34 to 68 inclusive, award either the particular punishment with which the offence is state in the said sections

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged that … holding a summary court-martial shall not try without such reference any offence punishable under any of the Sections 34, 37 and 69, or any offence against the officer holding the court.(3) A summary court-martial may try any

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … that the list of witnesses given by him will not be called as he had not availed Rule 34 of the Army Rules, 1954 [for short, 'Rules'] at the earlier point of time.2. The case against the

B.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 80, 83, 84, 85 and 121; Army Rules - Rule 34

Reported in : 1999(5)ALD352

respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as being in violation of the Army Act, 1950, Section 121 ofArmy Rules 34, Regulations for the ArmyPara 903 exceeding jurisdiction, unlawful and ultra vires.2. Interim stay was

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Subject : Land Acquisition

that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist … personnel do not act against an enemy or show cowardice, it is a Court-martial offence under Army Act Section 34, punishable with death.”[7]. Reference is made to Ex-Havildar Ratan Singh v. Union of India[8]. to conclude that a

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

Matched in: Citation 58(1995)DLT339; 1995(34)DRJ426

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 … of the following offences: i) Desertion, vide Section 38 of the Army Act. ii) fraudulent enrollment, vide Section 34(a) of the Army Act, shall forfeit the whole of his prior service towards pension or gratuity upon being