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Hawaldar (Clerk) Baidyanath Giri Vs. Chief of Army Staff, Indian Army ...

Court : Mumbai

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 64; Army Rules - Rules 61(1), 61(2), 62(1) and 80(1)

Reported in : 1989(2)BomCR406

On 12th December, 1987 he was served with a charge sheet for violation of section 64(e) of the Army Act, 1950 (the Act). The charge was that between 6th May and 18th May, 1986, he directly accepted a sum

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 … provisions contained in the Indian Army Act, 1911 and the Army Act. It is pointed out that Section 64(I)(b) states that the SCM may be held by a CO of any British Corps or Detachment to which

Union of India and Others Vs. R.K.L.D. Azad

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 64, 71, 73, 123 and 154

Reported in : AIR1996SC845; [1995(71)FLR850]; JT1997(10)SC529a; (1996)ILLJ808SC; 1995(4)SCALE711; 1995Supp(3)SCC426; [1995]Supp2SCR602; 1995(2)LC588(SC)

are required to be answered in these appeals are :-(i) whether a person who is subject to the Army Act, 1950 ('Act' for short) can be dismissed from service for committing an offence under the Act even after he … closed arrest on August 7, 1990 pending his trial by a General Court Martial for an offence under Section 64(e) of the Act. Since the respondent was due to retire on August 31, 1990 on attaining the

Nb/Sub Avtar Singh Vs. Union of India and Others

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Article 226; Army Act, 1950 - Sections 160, 164, 64(2) and 71; Army Rules, 1954 - Rules 22 to 24 and 37;

Reported in : 1989CriLJ1986; 1990(2)Crimes370; 38(1989)DLT19

fees assessed at Rs. 500/-. 31. Petition allowed. Criminal - Court-martial - Article 226 of Constitution of India, Sections 160, 164, 64 (2) and 71 of Army Act, 1950 and Rules 22 to 24 and 37 of … Sharma, learned counsel for the petitioner, that a petition for review as provided by S. 164(2) of the Army Act, 1950 had been filed on 2nd April, 1984, and again on 25th June, 1985, but the same had not

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 … Act.8. Under the scheme of The Border Security Force Act, there are three kinds of Security Force Courts. Section 64 of the Act provides for those three kinds, they being (a) General Security Force Courts; (b) Petty Security

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21

Reported in : 2003CriLJ3999

permission to meet the detenu, but he was not allowed to see him. Under Section 101(1) of the Army Act, 1950 ('the Act' for brevity) it is the duty of the officer taking a person into military custody to … be signed by the person in the custody to confirm that he received the same,16. Army Code No. 64184 deals with the Commander's guide to custody. In para 14 of the said Code it was mentioned that

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … of assigning of reasons must be gauged from the aforementioned situation. Rule 64 of the Army Rules has been amended, but the provisions of other … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

V.S. Tiwari and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 63, 64 and 164(2); Indian Penal Code (IPC) - Sections 34; Constitution of India - Article 226

Reported in : 2004CriLJ202; RLW2003(3)Raj1750; 2003(3)WLC761

taken by the respondents is whether the statutory remedy available to the petitioners Under Section 164(2) of the Army Act, 1950 (hereinafter referred to as 'the Act of 1950'), if it is not availed, the present writ petition under … they were charge-sheeted through charge-sheet Annex. 24 for various offences including for the offences under Sections 63 and 64(e) of the Act of 1950 and 34 IPC. The sum and substance of the charges levelled against the

Union of India (Uoi) and anr. Vs. Narinder Singh Mehta (Brigadier)

Court : Jammu and Kashmir

Subject : ConstitutionCriminal

Acts : Army Act, 1950 - Sections 63 and 164; ;Common Law Procedure Act; ;Constitution of India - Article 226; ;Constitution of Jammu and Kashmir - Section 103; ;Army Rules - Rule 22; ;Code of Civil Procedure (CPC) - Section 20 - Order 11, Rule 1

Reported in : 1997CriLJ719

charge sheet was served on him on 9-1-1994 for allegedly having committed offences Bunder Section 63 of the Army Act, 1950, hereinafter .referred to as 'the Act' and he was eventually convicted and sentenced by the GCM to (a) … to file an appeal against such an order to the Central Government in exercise of the powers under Section 64; which means the right that is conferred upon an aggrieved person, in the absence of any appeal provision

Union of India Vs. Col Ran Singh Dudee

Court : Supreme Court of India

Subject : Land Acquisition

career, he received some commendations and appreciations. However, the respondent was summarily tried under Section 83 of the Army Act, 1950 (hereinafter referred to as the Act) by Commander, 29 Artillery Brigade for the offence of ‘absenting himself without