Advanced Search Results

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 … Section 122 of the Act. The learned single Judge dismissed both the writ petitions placing reliance on Rule 53 of the Army Rules 1954 (hereinafter called 'the Rules'). The common judgment and order of the learned single

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 … to the convening authority and adjourn the proceedings (Rule 51). Rules 52, 53, 54, 55 and 56 deal with the recording of the plea of

Sub. B.K. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 3, 53 and 164(2); Army Rules, 1954 - Rule 182; Constitution of India - Article 226

Reported in : 2008(2)SLJ287(Delhi)

of the defense personnel. Under Regulation 16 (a) when an officer, as defined in Section 3(xviii) of the Army Act, 1950 is cashiered, dismissed or removed from service, the President has the discretion of either forfeiting the pension or … Martial and all relevant documents on record.2. The petitioner was arraigned on six charges, all under Army Act Section 53 (a) for 'committing extortion'. The accused pleaded not guilty to all the charges. However, the court after trial

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Labour and Industrial

Reported in : 55(1994)DLT217; 1994(30)DRJ178

the proper discharge of their duties and the maintenance of discipline among them.' 30. The Parliament enacted the Army Act 1950 to consolidate and amend the law relating to governing of the regular army. The conditions of service of … convicted while services of those personnel in respect of whom there was only a suspicion were terminated under Section 18 of the Army Act. These Letters Patent Appeals have been filed by those persons whose services were … the pleasure of the President shall be exercised. As provided in Article 53, the exercise of the executive power of the President, particularly matters concerning

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct … and found guilty based on confession as well asstatement made by Capt. R.S. Rathoreimplicating himself and the petitioner. 53. The case of the appellant and the cases of other officers are inter connected and intertwined and they

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

lean in favor of the accused.22. Although in a given case, plea in bar in terms of Rule 53 of the Army Rules may be taken before the court martial itself, having regard to the facts and … 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

Major Suresh Chand Mehta Vs. the Defence Secretary (U.O.i.) and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 80, 83, 84 and 85; Army Rules, 1954 - Rules 22(2) and 53(1); Constitution of India - Article 32

Reported in : AIR1991SC483; 1990(3)Crimes671(SC); [1991(62)FLR360]; JT1990(4)SC590; 1991LabIC600; 1990(2)SCALE1102; (1991)2SCC198; [1990]Supp3SCR48a; 1991(1)LC140(SC); MANU/SC/0129/1991

the petitioner to the General Officer Commanding, 2 Mountain Division, for summary trial Under Section 84 of the Army Act. 1950.6. On April 15, 1987, the petitioner was attached to 54 Fd. Regiment for purposes of completing the disciplinary … and he could not be tried again in view of the provisions of Rule 22(2) read with Rule 53(1)(a) of the Army Rules, 1954.9. We find no substance in this contention. Clause (a) of Sub-rule (1) of

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

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 … beprosecuted before the Special Judge because the appellant wasalready tried and awarded a minor punishment of severedispleasure under Section 53 of the BSF Act, therefore, therecannot be a second proceeding on the very same charge under hePrevention of

B. Suman Vs. Union of India Represented by the Secretary to the Govern ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : Family

declared a deserter and will be administratively dismissed in due course in terms of section 19 of the Army Act 1950 read with Rule 14 of the Army Rules. He would have been granted service pension if he had … to defend the case. Subsequently, he was posted with his unit at Kargil. He was then attached to 53 Infantry Brigade Camp. It has been submitted that he had gone on leave for 34 days from 15.1.2001