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Jul 21 1994

P. Chandra Mouly Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jul-21-1994

Subject : Criminal

Acts : Army Act, 1950 - Sections 63, 71, 109, 164 and 165; Central Civil Services (CCA) Rules

Reported in : 1994(2)Crimes1107(SC); 1994(3)SCALE640; 1994Supp(3)SCC104

sentences of imprisonment. They invoked the jurisdiction of the Central Government under Sections 164 and 165 of the Army Act, 1950 but with no success. They filed two separate writ petitions before the Gauhati High Court challenging their convictions … General Reserve Engineers Force (hereinafter referred to as the Force) were accused of having committed offences punishable under Section 63 of the Army Act under four counts, as also under Section 39(a) and 41 of the said Act

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May 03 1991

Ex-naik Sardar Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-03-1991

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 63, 71, 72 and 73; Constitution of India - Article 14

Reported in : 1992CriLJ289; 1991(2)Crimes674(SC); [1991(63)FLR261]; JT1991(3)SC1; (1992)IILLJ155bSC; 1991(1)SCALE899; (1991)3SCC213; [1991]2SCR676; 1991(2)LC466(SC)

Matched in: Citation 1992CriLJ289; 1991(2)Crimes674(SC); [1991(63)FLR261]; JT1991(3)SC1; (1992)IILLJ155bSC; 1991(1)SCALE899; (1991)3SCC213; [1991]2SCR676; 1991(2)LC466(SC)

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May 06 1983

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-06-1983

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

far as petitioners Nos. 2 to 23 are concerned, they were charged before the Court-Martial for offences under Section 63 of the Army Act 1950 in that they alongwith some other GREF personnel assembled in front of HQ … relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33

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Jul 11 2007

Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jul-11-2007

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter

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Nov 04 1996

Major Amarjit Singh Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Nov-04-1996

Subject : Service

Acts : Army Act, 1950 - Sections 63 and 164(2); Constitution of India - Articles 226 and 227

Reported in : 1997(3)ALLMR430; 1997(3)BomCR619; (1996)98BOMLR770

Army Staff, New Delhi dated 9-1-1991 whereby the petition against the confirmation order under section 164(2) of the Army Act, 1950 was dismissed.2. On 3rd November, 1988, the petitioner was appearing in a written examination known as 'Technical Staff … Invigilating authorities. In due course the petitioner was served with a charge-sheet on 28-12-89. He was charged under section 63 of the Army Act. The charge was as under :' CHARGE SHEET. The accused, I.C. 30841 X Major

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Mar 20 1997

Major General Inder Jit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-20-1997

Subject : Service

Acts : Army Rules, 1954 - Rules 13, 24, 28(2), 30, 31, 33(7), 38, 67, 95, 180 and 184; Army Act, 1950 - Sections 52, 63, 71, 72, 73, 109, 117; Army Law

Reported in : JT1997(4)SC8; 1997(3)SCALE111; (1997)9SCC1

Pradesh challenging the inquiry proceedings held against him and his trial by a General Court Martial under the Army Act, 1950. This writ petition has been dismissed by the impugned judgment and order of the High Court of Madhya … twelve in number. Each Charge was under Section 52 of the Army Act and in the alternative, under Section 63 of the Army Act. Section 52(b) refers to the offence of dishonestly misappropriating or converting to one's own

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May 11 2012

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : May-11-2012

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced … by Court Martial, alternative punishment awardable by court-martial and combination of punishments respectively. The Bench also referred to Section 63 which deals with violation of good order and discipline. In the said case, the appellant had purchased 11

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Aug 29 2001

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

Court : Allahabad

Decided on : Aug-29-2001

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. … There were three charges levelled against the petitioner in the charge-sheet dated 12.6.1997. First two charges were under Section 63 of the Army Act and third charge was under Section 56(a) of the Army Act. In first charge,

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Jan 31 2008

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Decided on : Jan-31-2008

Subject : Service

Acts : Army Act, 1950 - Sections 19, 20, 20(3), 22, 60, 63, 71, 80, 83, 84, 85, 121, 161, 162, 179, 179(3), 179(4), 179(5A) and 179(6); Army Rules, 1954 - Rules 13(3), 14, 17 and 177(1); Constitution of India - Articles 32, 33, 136, 226, 227 and 227(4)

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and … out three charges of misconduct against him on 31.8.1999.2. These three charges were framed against the petitioner under Section 63 of the Act. Section 63 reads thus:63. Violation of good order and discipline. Any person subject to this

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Jan 25 2008

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jan-25-2008

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 … 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 Singh's case is

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