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M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998. … commensurate with the gravity of the offence committed by the petitioner in third charge of Army Act under Section 56(a).5. The petitioner has come up in the writ petition challenging the aforesaid proceedings culminating in the order passed

Sher Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 56

Reported in : 2003(1)AWC414

appellant writ petitioner submitted that the summary Court Martial proceedings were in flagrant violation of mandatory provisions of Army Act, 1950 (hereinafter referred as the Act) and the Army Rules, 1954 (hereinafter referred as Rules) which went to the … Col. Preti Pal Singh v. Union of India, 1982 SC 1413. He submitted that in any event under Section 56 of the Act making a false accusation simplicitor against any person is not an offence unless the person

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 … the procedure prescribed under regulation 381 for the trial of deserter can be applied for offences under Section 56(a) and Section 63 of the Act.Therefore, the reliance placed by the learned Single Judge on Ex Havildar Mahipal

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 … and adjourn the proceedings (Rule 51). Rules 52, 53, 54, 55 and 56 deal with the recording of the plea of 'guilty' or 'not guilty'.

Sadashiv Gajanana Bhat Vs. Union of India Through the Secretary, Gover ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

service matters. Hence, prima facie, We have to see whether the applicant comes under the purview of the Army Act 1950. Section 2 of the Army Act 1950, reads as follows:- (1) The following persons shall be subject to this

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Subject : Other Taxes

Acts : Army Act, 1950 - Sections 2, 2(1), 3 and 21; Tamil Nadu District Municipalities Act - Sections 124D and 124J; Territorial Army Act, 1948 - Sections 9(1); Air Force Act, 1950; Navy Act, 1957; Central Reserve Police Force Act, 1949; Army Rules, 1954 - Rule 19; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Civil Service Regulations; Constitution of India - Articles 19 and 33

Reported in : (2009)6MLJ269

SC 1179 wherein, in paragraph Nos. 11 and 12, it has been held as follows:11. In enacting the Army Act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, … by the Tamil Nadu District Municipalities Act. The third respondent has initiated proceedings to collect Profession Tax under Section 124-D of the Tamil Nadu District Municipalities Act. On the ground that under Section 124-J of the Act,

Union of India Rep. By the Secretary Ministry of Home Affairs Vs. Ranj ...

Court : Supreme Court of India

Subject : Criminal

criminal justice for the purpose of any law referred in Section 25(1) of the PC Act. Only the Army Act, 1950; the Air Force Act, 1950; the Navy Act, 1957; the Border Security Force Act, 1968; the Coast Guard … 55 and 56 of the 2006 Act to argue that every civil offence which is not exempted under Section 56 of the 2006 Act shall be tried by the GARC. He further relied upon Section 2 (e) of

Narendra Pal Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Rules - Rule 22(1), 22(2) and 22(3)

Reported in : (2001)3UPLBEC2253

holding the rank of Acting Lance Nayak was chargesheeted vide charge-sheet dated 18.6.1993 under Section 52 of the Army Act, 1950 for having committed theft in respect of Carbine, Machinegun 9 m.m. Regd. No. ZZ-1945, the property of the … of the Army Act. The application came to be rejected by General Officer Commanding 24th Infantry Bn c/o 56 A.P.O. vide order dated 1.3.1994.2. The sentence awarded vide order dated 25.6.1993 in summary Court Martial proceedings are

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Navy or Air Force when commit any offence are deait with by the special provisions contained in the Army Act, 1950, or the Navy Act 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … in the above judgment arises under the Bombay Police Act, on contravention of the externment order, passed under Section 56, and the accused was not given an opportunity to tender explanation under Section 59 and there was disobedience

Present: Mr. Arun Bansal Advocate Vs. the Central Govt. Through Secret ...

Court : Punjab and Haryana

Subject : Land Acquisition

may be of relevance to notice here that the provisions of the Act are almost borrowed from the Army Act, 1950 and almost all the provisions are copied verbatim with necessary variation due to change in nomenclature relevant for … CRIMINAL WRIT PETITION NO.121 OF 200.:{ 17 }: by a criminal court or has been dealt with under section 56 of under section 58, he shall not be liable to be tried again for the same offence by