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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 … summary court martial, which was denied to him on a wrong assumption that the case was covered by Section 36, and not by Section 34. The question, which arises in this case, is whether the Summary Court Martial

Baburao Vs. Manikrao and anr.

Court : Supreme Court of India

Subject : Election

Acts : 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

Reported in : 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 … was also contended by the appellant that the first respondent was not 'ordinarily resident' within the meaning of Section 20 of the Representation of the People Act, 1950 (hereinafter called the '1950 Act') in Nilanga Constituency and, … 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

Banka Das, Vs. State of Orissa

Court : Orissa

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to … primarily considered the following questions :(1) Whether a Court of Session can, during transitional period as provided in Section 36-D of the Act take cognisance of an offence under the Act as a Court of original jurisdiction without

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

who behaves in a manner unbecoming his position can be removed from service under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section … not convening the Court Martial was irrelevant.26. Learned counsel for the respondent submitted that Rule 24(4) and Rule 36 of the Air Force Rules have been violated. According to him the witnesses produced during summary of evidence

Manjit Singh Vs. Union of India and ors.

Court : Delhi

Subject : Land Acquisition

Summary Court Martial were two in numbers. The first was for the offence under Section 36(d) of the Army Act, 1950 i.e. without orders from the superior officer leaving his guard. It was alleged that while on duty the

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. … charge was to the effect that the petitioner on 20.3.1995 wrote a letter to the General Officer Commanding. 36 Division containing the accusation (which are extracted below) against the Lt. Col. P. Bhatnagar knowing such accusations to

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Narcotics

to try the offence in question it would be appropriate to look into the relevant statutory provisions. The Army Act, 1950 is enacted to consolidate and amend the law relating to the governance of regular Army. Section 2 of … as mentioned earlier. The jurisdiction for trial by Special Court arises on constitution of such Special Court Under Section 36 of the Act to try offences under the Act only by the Special Court constituted for the area.

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 … For instance, the offence under Section 34, abandoning a guard post, espionage, harboring enemy etc., the offences under Section 36 like high handed behaviour of using criminal force to a sentry, house breaking in search of plunder in

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

Subject : 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 … offence becomes triable by both ordinary Criminal Court as well as Court-martial, possibility of conflict of jurisdiction arises. 36. From a bare reading of Section 125, it becomes evident that Section 125 conceives of a situation, wherein

Ex. Sigmn Surendra Bahadur Singh Vs. the Chief of the Army Staff and O ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

the order dated 02.11.2008,passed by the respondent no. 1,rejecting the petitioners Statutory complaint, under Section 164(2) of the Army Act,1950. 2. Background facts may be summarized as under:- The petitioner was enrolled as Signalman in the Indian Army. … his plea of guilty by a SCM in respect of the following Charges:- First Charge (Offence under Section 36(d) of the Army Act,1950) Leaving his post without orders from his superior - in that he, at Dehradun,