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Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 41 and 164; Army Rules, 1954 - Rule 25

Reported in : AIR1973MP191; (1972)IILLJ611MP

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals of course, as provided by Sub-clause … attending the investigation in spite of an order given by the Station Commandant amounted to an offence under Section 41 of the Army Act.9. The necessary facts for the decision of the said question of law are as

Mehar Singh Manhas Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Subject : Service

Reported in : 2007(2)ShimLC212

sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:He at field, on 1 June, 98, when ordered by IC-41475Y Maj

Ex-constable Ramvir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ServiceCriminal

Acts : Border Security Force Act, 1968 - Sections 22, 63 and 117; Army Act, 1950 - Sections 41; Border Security Force Rules, 1969 - Rule 157; Constitution of India - Article 226

Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93

to whether refusal to take food by itself would come within the purview of Section 41 of the Army Act, 1950, this Court in Ranjit Thakur (supra) held:The submission that a disregard of an order to eat food does

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Labour and Industrial

Reported in : 1972MPLJ449

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals. Of course, as provided by Sub-clause … to amount to disobeying a lawful command of his superior officer so as to constitute an offence under Section 41(2) of the Army Act. Therefore, the question arises whether the Station Commandant can issue the said order and

Ranjit Thakur Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 41, 130 and 130(1); Constitution of India - Article 226

Reported in : AIR1987SC2386; 1988CriLJ158; JT1987(4)SC93; (1988)ILLJ256SC; 1987(2)SCALE773; (1987)4SCC611; [1988]1SCR512; 1989(1)SLJ109(SC); MANU/SC/0691/1987

substantial question as to the scope and content of the procedural safe-guards in Section 130 of the Indian Army Act, 1950 ('Act') in the conduct of the Courts-Martial.The High Court dismissed, in limine, the appellant's writ petition, under Article … 1429055M Signalman Ranjit Thakur of 4 Corps Operating Signal Regiment is charged with -Army Act Disobeying a lawful Section 41(2) command given by his superior officer In that he at 15.30 hrs. on 29.5.1985 when ordered by JC

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 … the accused or refer the case to the superior military authority.11. Rule 41 provides that on the Court assembling, the order convening the court shall

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 … on 30.5.1990; was asked to appear before the CO, 18th Punjab Regiment on 15.7.1990; was charged under Section 41(2) of the Army Act for disobeying a lawful command given by a superior officer in that he, when

Arshnoor Kaur & Anr. versus the Union of India & Ors.

Court : Supreme Court of India

Subject : Education

Reported in : [2025] 8 S.C.R. 1241

by virtue of the power conferred by Article 33 of the Indian Constitution that Parliament has enacted the Army Act, 1950 - Section 12 of the Army Act, 1950 restricts the Fundamental Right of females to join the Indian Army, except … It needs to be emphasised that such restrictions or abrogation must be made by law passed by Parliament. 41. It is by virtue of the power conferred by Article 33 of the Indian Constitution that Parliament has

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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 … When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 73, he shall, if such person so requires, take such person without unnecessary delay

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

: [1996]3SCR785 . In thesaid case considering the similar provision as to thecommencement of a trial in the Army Act, 1950, this Court held :'In the light of the above discussion, we hold that the trialcommences the moment GCM … then relied on certain Rules framed under theBSF Act. They are Rule 41, Rule 45B, Rule 51A, Rule 53, Rule65, Rule 66, Rule 170, to … order dated 8.7.1998 made by thelearned Special Judge, C.B.I., Patiala by which charges wereframed against the appellant under Sections 7 and 13(2) read withSection 13(1)(d) of the Prevention of Corruption Act, 1988. Theappellant sought for quashing of