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May 06 2004

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : May-06-2004

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 69 and 70; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20

Substances Act, 1985 relating to offence for which the army personnel is tried would be incorporated in the Army Act, 1950. Section 69 is a legislative device by which all civil offences are being brought for trial before the General Court

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Jan 10 2006

Union of India (Uoi) and ors. Vs. Devendra Nath Rai

Court : Supreme Court of India

Decided on : Jan-10-2006

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 69 and 153; ;Indian Penal Code (IPC), 1860 - Sections 302 and 307; ;Code of Criminal Procedure (CrPC) , 1898; ;Code of Criminal Procedure (CrPC) 1973 - Sections 235(2) and 354(3); ;Constitution of India - Articles 19 and 21

Reported in : 101(2006)CLT702(SC); 2006CriLJ967; 2006(1)JKJ1[SC]; JT2006(1)SC370; 2006(1)SCALE304; (2006)2SCC243

of death penalty by the Court Martial was affirmed by the Central Government under Section 153 of the Army Act, 1950 (in short the 'Army Act').2. Factual position as projected by the appellants in a nutshell is as follows:On … court Martial proceedings commenced and the accused faced trial under the Army Act. There were four charges under Section 69 of Army Act. The first two charges related to commission of civil offence that is murder contrary to

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Jul 05 2004

Sandeep Alias Sanjay Vithal Shinde Vs. the State of Maharashtra,

Court : Mumbai

Decided on : Jul-05-2004

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 376 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 475 and 475(1); Army Act, 1950 - Sections 3, 69 and 70; Navy Act, 1957; Air Force Act, 1950; Military Law

Reported in : 2004CriLJ3678

Court in accordance with the provisions of the said Code even though in accordance with the provisions of Army Act 1950 (here-in-after called as 'the said Act') read with Section 475 of the said Code the petitioner was required … Sessions Court.8. It is also necessary to take note of some of the provisions of the said Act. Section 69 of the said Act provides that subject to the provisions of Section 70, any person subject to this

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Mar 02 1995

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Mar-02-1995

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 69 and 120(2)

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

contention that the Summary Court Martial was not competent authority under the provisions of section 120(2) of the Army Act, 1950. Therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. In support … only authority empowered to impose sentence is one under section 119 in case of civil offence falling under section 69 of the Act.4. There appears to be some substance in the contention of Shri Dhorde, learned Counsel for

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Feb 15 2005

Shri Suryakant @ Bandu Ranoji Andekar Vs. the State of Maharashtra, Th ...

Court : Mumbai

Decided on : Feb-15-2005

Subject : Criminal

Acts : Army Act, 1950 - Sections 69; Narcotic Drugs and Psychotropic Substances Act; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 433A

Reported in : 2005CriLJ4478

life imprisonment pursuant to the conviction under Sec. 302 of the I.P.C. read with Sec. 69 of the Army Act, 1950. Nevertheless, the Apex Court therein has clearly held that 'Section 433-A would operate in the field and a

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Mar 10 2000

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-10-2000

Subject : Narcotics

to try the offence in question it would be appropriate to look into the relevant statutory provisions. The Army Act, 1950 is enacted to consolidate and amend the law relating to the governance of regular Army. Section 2 of … convened under the Army Act and the petitioner was charged under two heads; the first head was Under Section 69 of the Army Act for committing a civil offence of being in possession of ganja contrary to Section

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Aug 23 1986

N.F. Chand Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Decided on : Aug-23-1986

Subject : Criminal

Reported in : 1987CriLJ637

party No. 2 is Retired Lt. General Jagdishwar Singh Nakal. The petitioner is a person subject to (The) Army Act, 1950. There is no dispute about it. In Section 3(b)(ii) 'Civil offence' has been defined as an offence which … Session to stand their trial. Against this order, the present petition Under Section 482, Cr.P.C. has been filed.2. Section 69 of (The)Army Act, 1950 clearly lays down that subject to the provisions of Section 70 any person subject

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Sep 23 1997

inderpal Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-23-1997

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 123 and 179; Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Sections 2 and 3; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 432, 433A and 482; Constitution of India - Articles 14, 19, 21, 226, 227, 246 and 254; Army Rules - Rule 204; Code of Criminal Procedure (CrPC) , 1898

Reported in : 1998CriLJ1736

Kulwant Singh was Naik in 29 Infantry Division C/o A.P.O. He was convicted under Section 69 of the Army Act, 1950 (equivalent to Section 302, IPC) at a general Court martial at Pathankot on 12-1-1995 and sentenced to undergo

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Apr 24 2002

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Decided on : Apr-24-2002

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

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Oct 25 1999

Union of India and Others Vs. Sadha Singh

Court : Supreme Court of India

Decided on : Oct-25-1999

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Army Act, 1950 - Sections 69, 177 and 179 to 190; Army Act(Amendment), 1992 - Sections 169A; Code of Criminal Procedure (CrPC) - Sections 428 and 433A

Reported in : AIR1999SC3833; 1999(2)ALD(Cri)815; 2000CriLJ15; 1999(3)Crimes263(SC); JT1999(8)SC337; 1999(6)SCALE594; (1999)8SCC375; [1999]Supp4SCR28

Martial after being tried for the of fence under Section 302 I.P.C. and under Section 69 of the Army Act, 1950. He preferred a writ petition in the High Court for his immediate release from the imprisonment on the

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