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Chief of the Army Staff and Others Vs. Laxman Giri, Ex Havaldar No. 92 ...
Allahabad
Jan-10-2000
Service
Army Act, 1950 - Sections 45, 108, 116 and 120 - Rule 130; Indian Penal Code (IPC), 1860 - Sections 354
2000(1)AWC716; [2000(85)FLR76]; (2000)1UPLBEC868
on behalf of the petitioner were that for want of procedure in conformity with Section 120 of the Army Act, 1950, the entire proceedings were bad. At the very outset, this Court places on record that the learned Judge … conduct unbecoming of a gentleman, may be convicted by court martial or cashiered. This is so provided in Section 45 of the Army Act, 1950.7. What the petitioner, Laxman Girt, as Havaldar, did to the wife of a
Tag this Judgment! AI Brief & AskIn Re: Mr. 'G', A Senior Advocate of the Supreme Court
Supreme Court of India
May-27-1954
Constitution
Bar Councils Act - Sections 11(1); Constitution of India - Article 32; Army Act, 1950 - Sections 45
1954(2)BLJR477; (1954)56BOMLR1220; [1955]1SCR490
a gentleman.' In the Army it is a military offence to do otherwise (see section 45 of the Army Act, 1950) though no notice would be taken of ungentlemanly conduct under the ordinary law of the land, and none
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...
Delhi
Nov-13-2002
Service
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)
101(2002)DLT267; 2003(1)SLJ171(Delhi)
1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section 45 of the Army Act, which specifically deals with the subject of unbecoming conduct of an officer. Before we … 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
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Union of India (Uoi) Vs. Ex. Kanor Ranbir Singh Sidhu
Allahabad
Dec-04-1970
Civil
Army Act, 1950 - Sections 19 and 45; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101
AIR1971All396
service is illegal, without jurisdiction, ultra vires and inoperative. The trial Court on an interpretation of the Indian Army Act, 1950 and relying on S.K. Rao's case reported in 1968 Lab IC 60 (Delhi) held that the charge of … specified in the other clauses to ten years, or such less punishment as is in this Act mentioned. Section 45 deals with 'unbecoming conduct' which is as under: 'Any officer, junior commissioned officer or warrant officer who behaves
Tag this Judgment! AI Brief & AskM.M. Malhotra Vs. Union of India (Uoi) and ors.
Supreme Court of India
Oct-04-2005
Service
Army Act 1950 - Sections 19, 45 and 191(2); Air Force Act, 1950 - Sections 18, 19, 45, 46 and 191(5); Hindu Marriage Act, 1955 - Sections 4, 5, 11, 12, 12(1), 12(2), 12(3) and 16; Marriage Laws (Amendment) Act, 1976; Air Force Rules, 1969 - Rule 16 and 16(4); Army Rules, 1954 - Rules 1 to 4, 14 and 16(4); Central Civil Services (Conduct) Rules, 1964 - Rule 3; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Hindu Law
AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)
the action was taken by departmental proceedings. This Court had occasion to consider an identical provision in the Army Act 1950 (in short 'Army Act') and Army Rules, 1954 (in short 'Army Rules'). Constitutional validity of Rule 14 of … of criminal force against a woman is an act unbecoming of an officer and is an offence under Section 45 of the Act. The said provision reads as follows:'45. Unbecoming Conduct: Any Officer or Warrant Officer who behaves
Tag this Judgment! AI Brief & AskUnion of India and anr. Vs. P.D. Yadav
Supreme Court of India
Oct-16-2001
Service
Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133
2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118
powers of MG ASC, HQ Southern Command. 10. We notice the relevant provisions of the Acts and Regulations:-The Army Act 1950 '71. Punishments awardable by courts-martial.- Punishments may be inflicted in respect of offences committed by persons subject to … he was tried by General Court Martial on certain charges and was dismissed from service on 13.6.1988 under Section 71 of the Army At. He submitted papers for payment of pension stating that he had qualifying service. … Officer-in-Charge. Communication center, Delhi and thereby committed an offence punishable under Section 45(a) of the Navy Act, 1957. 5. Did on the Twenty ninth day
Tag this Judgment! AI Brief & AskR.K. Gogna Vs. Union of India and ors.
Delhi
Jul-20-2001
Service
Army Act, 1950 - Sections 17, 19, 45, 63, 121, 122, 153, 160 and 199; Indian Penal Code (IPC), 1860 - Sections 379; Army Rules - Rule 14; Army Order; Army Regulations, 1962; Limitation Act
2001(60)DRJ505
Staff an alternative remedy by way of filing statutory complaint is provided for under Section 17 of the Army Act, 1950. 5. The court considered the averments made in the writ petition as also in the counter affidavit. In … Army Act for acts prejudicial to good under and military discipline whereas one of the charges was under Section 45 of the Army Act for behaving in a manner unbecoming of his position and the character expected of
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 … order of removal was put in issue on the ground that the Army Act contained specific provisions, viz. Section 45, for punishment for unbecoming conduct and as Section 19 itself suggests that power being 'subject to the provisions
Tag this Judgment! AI Brief & AskBrig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.
Delhi
Sep-27-2004
Civil
Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160
114(2004)DLT792; 2004(77)DRJ480
to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … instant case, the accused was found guilty by the Court on seven charges falling under Army Act Sections 45, 52(f), 57(a), 60 and Section 63, which essentially involve moral turpitude. The Court no doubt is not obliged
Tag this Judgment! AI Brief & AskUnion of India and ors. Vs. R.K. Sharma
Supreme Court of India
Oct-09-2001
Service
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
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 … term which may extend to seven years or to some other lesser punishment. The second charge is under Section 45. It is in respect of unbecoming conduct. The punishment is dismissal or such lesser punishment as is mentioned
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