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Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 37(1), 37(2), 122, 122(1), 122(3), 123, 127, 153, 154, 160 and 164; Constitution of India - Articles 20, 21, 44 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 549 and 549(1); Army Regulations; Army Rules - Rules 3, 22, 53, 122(3) and 177 to 185

Reported in : 2002(64)DRJ379

order or direction of appropriate nature striking down the provisions of Section 153, 154 and 160 of the Army Act 1950.(c-1) Issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10.1996 invoking Section … a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in Section 37.(3) In the computation of the period of time mentioned in Sub-section (1), any time spent by such person

Rajvir Singh Vs. Secretary Ministry of Defence and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 122, 52(f), 37

for his trial contending that his trial was barred by time as provided under section 122 of the Army Act, 1950 (for the sake of brevity the Act). 3. A General Court Martial was directed to be convened by … a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such

Kulwant Singh (Nk.) S/O Sardar Sadhu Singh and ors. Vs. Union of India ...

Court : Madhya Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 33, 226, 227 and 227(4); Army Act, 1950 - Sections 37, 38, 109, 130, 131; Army Rules, 1954 - Sections 39(2), 41, 44, 45, 48 and 95(2); Military Law; Evidence Act - Sections 154

Reported in : 1991(0)MPLJ985

for alleged offences said to have been committed by them Under Sections 37(c), 38(1) and 63 of the Army Act, 1950 (hereinafter referred to as 'the Act').4. In the Sikh Regiment Centre at Ramgarh on 10-6-1984 soldiers waged a … of the petitioners in Court Martial proceedings for alleged offences said to have been committed by them Under Sections 37(c), 38(1) and 63 of the Army Act, 1950 (hereinafter referred to as 'the Act').4. In the Sikh

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … No. 1 was alleged to has absented himself without leave on four occasions which was an offence under Section 39(1) of the Army Act. He was also charged under Section 63 of the Army Act for violation … before the decision of the Supreme Court in Gideon v. Waiwight 1963 372 US 335 . Between 1950 and 1968 when the Administration of justice

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 … beyond a period of fifteen days as indicated in Section 36-A(1)(b) is permissible ?(3) Whether the conditions in Section 37 of the Act relating to giant of bail override the effect of the proviso to Section 167(2) of

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : 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)

Reported in : 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 … 34 provides for assistance to the accused to summon his witnesses. Rule 37 provides for convening of general and district courts-martial. Rule 37(1) and (2)

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 … of the Allahabad High Court in Hav (MP) Hanuman Singh v. Union of India Mil LJ 1999 All 37 relying on Mahipal has also concluded that attachment of the accused/delinquent to another Unit for the purpose of

Nar Bahadur Gurang Vs. Union of India and Others

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 20, 20(1), (3) and (7), 34 and 37; Army Rules, 1950 - Rule 17

Reported in : 1998(4)AWC510

any manifest, illegality. The writ petition is, accordingly, dismissed. Service - dismissal - Sections 20 and 37 of Army Act, 1950 and Rule 17 of Army Rules - mutiny in unit -superior officers also present in mutiny - powers … of the Army Act.7. It is further submitted that if the petitioner was guilty of the offence under Section 37(d) of the Army Act, such offence was only to be tried by a Court Marshal. It is necessary

Union of India (Uoi) and ors. Vs. V.N. Singh

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 37, 122, 122(1), 123, 153, 154 and 160; ;Constitution of India - Article 226; ;Army Rules - Rules 22 and 177; ;Defence Service Regulations

the respondent by Court Martial was time barred in view of the provisions of Section 122(1)(b) of the Army Act, 1950.2. The facts emerging from the record of the case are as under:The respondent i.e. Mr. V.N. Singh who … trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in Section 37.(3) In the computation of the period of time mentioned in Sub-section (1), any time spent by such person

J.S. Sidhu Vs. Union of India and anr.

Court : Delhi

Subject : Civil

Acts : Army Act, 1950 - Sections 117; Army Rules, 1954 - Rule 37

Reported in : ILR1986Delhi658

case, however, the parties are left to bear their own costs. Civil - arrest - Section 117 of Army Act, 1950 and Rule 37 of Army Rules, 1954 - petitioner commissioned in Indian army - put under arrest on