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Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

the Sections 80 and 81 of the BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused

Harpal Singh Vs. Union of India

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 52; Army Rules, 1950 - Rule 22; Constitution of India - Article 21

Reported in : 1996(37)DRJ390

General had been duly empowered. The said circular reads as under:- 'IN pursuance of the provisions of the Army Act, 1950 (XLVI of 1950), the Central Government is hereby pleased to empower you, or the officer on whom your … it was posted at Gandhi Nagar, Gujarat. For the administrative purposes, the Company was divided in to six sections, i.e., (1) Mechanical Transport Section (2) Radio Section (3) Cipher, Section (4) Ammunition and Weaponry Section (5) Clothing

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : 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

Reported in : 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 … the order passed on 15th December, 2003, the stage of confirmation of the sentence had yet to come. 46. Our attention has also been drawn to the procedure to be followed by the General Court Martial when

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 46, 47, 47(1), 80, 81 and 141(2); Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC) - Sections 307, 323 and 452; Border Security Force Rules, 1969 - Rules 41, 41(1) and 42; Code of Criminal Procedure (CrPC) , 1974 - Sections 192, 439 and 475; Criminal Courts and Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 2, 3, 4, 5, 6 and 8; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Constitution of India; Air Force Law

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

to be tried by Court-martial. (1) The Central Government may make rules, consistent with this Code and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed … controversy that the petitioner is a person enrolled under the Act and under Section 3 subject to it.7. Section 46 of the Act deals with Civil Offences. It lays down that subject to the provisions of Section 47,

Akhil G Vs. the Union of India and Others

Court : Kerala

Subject : Land Acquisition

far as going by the definition of “service matters” in Section 3(o), only over persons subject to the Army Act, 1950, the Tribunal will have jurisdiction and persons seeking appointment and enrolment concerned do not become subject to the

Union of India (Uoi) Vs. S.P.S. Rajkumar and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950; Air Force Act, 1950 - Sections 161(2); Air Force Rules, 1969 - Rule 40; Army Rules, 1954 - Rules 46, 103 and 104

Reported in : JT2007(6)SC278; 2007(6)SCALE124; (2007)6SCC407

Union of India and Anr. v. Charanjit S. Gill and Ors. : AIR2000SC3425 interpreted certain provisions of the Army Act, 1950 (in short the 'Act') and the Army Rules, 1954 (in short the 'Army Rules') holding that the Judge … to the finding that there was no senior army officer available. Rule 46 which relates to the eligibility of the member does not speak of … necessity the concerned Judge Advocate was the only available officer. 5. The respondent-Rajkumar filed post confirmation petition under Section 161(2) of the Air Force Act, 1950 (in short the 'Air Force Act') on 30.1.2000 and the same

B. Kishore Vs. Union Government of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226

Reported in : 1998(46)DRJ53

Matched in: Citation 1998(46)DRJ53

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 21 and 226;; Army Rules, 1954 - Rules 39, 39(2), 40, 40 (1) and (2), 42, 42(2), 45, 46, 102, 103 and 105(8);; Army Act, 1950 - Sections 109, 113, 129 and 160(2)

Reported in : (1999)2CALLT300(HC)

all, we have to take into account the meaing of the 'Judge-Advocate'. It appears section 129 of the Army Act, 1950 provides for the same and which is as follows :'129. Judge Advocate--Every General Court-Martial shall, and every district … of oath will be made under Rule 45 wherein in case of Judge-Advocate and other officers under Rule 46 of the Army Rules, 1954.24. Secondly the disqualification indicated under Rule 39(2) in respect of the officers serving

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … Court shall not try without such reference any offence punishable under any of the Sections 14, 17 and 46 of this Act, or any offence against the officer holding the Court. Sub-section (3) provides that the SSFC

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … and Armed Forces Tribunal Act, 2007 are being looked into.6. Part XIV-A of the Constitution was inserted through Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 01.03.1977. Said amendment proposed two provisions of Articles