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

ic-42417 F. Major T.K. Chatterjee Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Constitution

Acts : Mizoram Liquor Total Prohibition Act, 1995 - Sections 7, 8, 8(1), 24, 45, 50, 51 and 54(3); Army Act, 1950 - Sections 69; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 100(4) and 100(5); Evidence Act; Indian Penal Code (IPC) - Sections 107 and 108; Constitution of India - Articles 33 and 226; Mizoram Liquor Total Prohibition Rules

7.6. The respondent authority invoked jurisdiction for trial of the petitioner as provided in Section 69 of the Army Act, 1950. The provisions contained therein provide for punishment of any person subject to this Act who at any place … co-accused which, according to the learned counsel, cannot be sustained in law.8. The provisions in Sub-section (3) of Section 54 of the Act of 1995 provides that 'save as otherwise as expressly provided in this Act, the provisions

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 … state to the position in the United Kingdom in terms of the Armed Forces Act, 2006 - (a) Section 54 requires prior permission of a SCM by an authority of the rank of Rear Admiral, Major General or

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 … the trial of the case about due compliance with the requirements provided in Section 50. No. presumption under Section 54 of the Act can be raised against an accused, unless the prosecution establishes it to the satisfaction of

Naik Ravi Pratap Singh Vs. Union of India and Others

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 71, 80, 110, 116 and 120; Army Rules, 1952 - Rules 22 and 31; Army Regulations - Regulations 8, 9, 16, 19, 23, 24, 30, 44, 52, 53 and 54

Reported in : 1998(4)AWC392

is accordingly dismissed.However, there will be no order as to cost. Service - dismissal - Section 116 of Army Act, 1950, Rules 22 and 31 of Army Rules, 1952 and Regulations 53 and 54 of Army Regulations - charge

J.K. Ojha Vs. Union of India and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 54, 57 and 63

Reported in : 2002(1)MPHT52; 2002(2)MPLJ78

second charge sheet which has been issued to the petitioner contains the first charge under Section 54(b) of Army Act. The second charge is under Section 57(d) of Army Act and third charge relates to the violation of

Nkgsb Cooperative Bank Limited Vs. Subir Chakravarty

Court : Supreme Court of India

Subject : Land Acquisition

(“subordinate officer”) of the Central Reserve Police Force Act, 1949; Section 47 (“his subordinate in rank”) of the Army Act, 1950; Section 17 (“by an officer subordinate to that Government” and “by an officer subordinate to the State Government”) and … 22 (“the officer, subordinate to him”) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 54 (“such officer subordinate to it”) of the Legal Metrology Act, 2009; Section 43 (“employees who shall be subordinate

Gulab Chandra Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

of on 12.3.01 allowing him to file a petition before a competent authority under Section 164 of the Army Act, 1950 and directing the competent authority to dispose of the petition within 2 months from the date of receipt … of the 14th Assam Rifles obtained the signature of the petitioner without complying the provisions under Rule 52(2)(2A), 54(3)(5), 115(1)(2)(2A) and 116(2) of the Army Rules and therefore, he not only failed to record the circumstances under

Ex Sep a Karunai Udaiyarajan Vs. Union of India, - Represented by the ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Education

conviction, promulgation of verdict have not been followed by the Summary Court Martial as slated in the statute (Army Act, 1950). He would also submit that the character of the applicant was exemplary and he was not able to … same and to further lift the regimental veil in not considering the statutory petition dated 22.12.2011 filed under Section-164 of the Army Act and also to direct the respondents to reinstate the applicant into service with all … training, he was posted to 27 MADRAS. He was further re-posted to 54, Rashtriya Rifle till 2007. On 5.8.2007, the applicant was granted 64 days

Satpal Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

Court Martial held on 10.1.1996, wherein he was sentenced to be dismissed from service for two offences under Army Act Sections 39(b) and 54(b). On formation of this Tribunal, the writ petition was transferred for disposal and treating … supposedly joined the unit on 27.10.1995 and was charged as given below: First Charge Sec. 39(b) of AA 1950 WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM in that he, at field, on 05 Sep 95, having … sentenced to be dismissed from service for two offences under Army Act Sections 39(b) and 54(b). On formation of this Tribunal, the writ petition was