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Nov 30 1970

Joginder Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Decided on : Nov-30-1970

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 192, 213, 243, 244, 245, 247, 248, 254 and 549(1); Army Act, 1950 - Sections 70, 125 and 126; Indian Penal Code (IPC), 1860 - Sections 376; Criminal Court-martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4;

Reported in : AIR1971SC500; 1971CriLJ511; (1971)3SCC86; [1971]2SCR857

245, 247, 248, 254 and 549 (1) of Criminal Procedure Code, 1898, Section 70, 125 and 126 of Army Act, 1950, Section 376 of Indian Penal Code, 1860, Rules 3 and 4 of Court-martial (Adjustment of Jurisdiction) Rules, 1952 -

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Sep 21 1999

Madan Lal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Sep-21-1999

Subject : Criminal

Acts : Army Act, 1950 - Section 70; Constition Of India - Article 226; Indian Penal Code (IPC), 1860 - Sections 511, 376, 375

Reported in : (2002)10SCC185

and; N. Santosh Hegde, JJ.1. The appellant faced a proceeding of court martial under the provisions of the Army Act, 1950 whereunder he has been found guilty and has been sentenced to imprisonment for 2 years and has also … jurisdiction to try inasmuch as the appellant was charged with the offence of attempting to commit rape and Section 70 of the Army Act excludes the same from the purview of the Court Martial. The High Court in

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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 … 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 Act who at any place in or beyond India commits any civil offence

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Jul 03 2001

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Decided on : Jul-03-2001

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of … omission punishable under the Act and includes a civil offence -[3 (xvii)]. Chapter VI containing Sections 34 - 70 deals with offences under the Army Act. A bare look at the various provisions in Chapter VI discloses

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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 … 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 to this Act who at any place in or beyond India commits any civil offence

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Apr 05 2005

Varghese Vs. State of Kerala

Court : Kerala

Decided on : Apr-05-2005

Subject : CriminalService

Acts : Army Act, 1950 - Sections 70, 125 and 126; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 73, 167, 167(3), 438 and 439

Reported in : 2005(2)KLT802

a non-bailable offence, when the accused is brought or has appeared before the Magistrate.6. Section 70 of the Army Act, 1950, in short 'the Army Act', lays down that if a person subject to the Army Act commits an

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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

Section 69 of the Army Act, 1950 reads as follows:-'69. Civil offences. - Subject to the provisions of Section 70, any person subject to this Act who at any place in or beyond India, commits any civil offence, … 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

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Apr 11 2001

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Decided on : Apr-11-2001

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … Act may commit. Section 69 defined civil offences, the commission whereof shall be triable by a court martial. Section 70 defines civil offences not triable by court martial. Chapter VII deals with punishments. Therein Section 71 provides as

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Jan 10 1995

Ramesh Chandra Mohanty Vs. State

Court : Orissa

Decided on : Jan-10-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 475 and 482; Army Act, 1950 - Sections 69, 70 and 125; Code of Criminal Procedure (CrPC) - Sections 549(1)

Reported in : 2000(II)OLR603

has been raised before this Court. Attention of the Court has been drawn to Section 69 of the Army Act, 1950. It is provided that subject to the provisions of Section 70, any person subject to this Act who

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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 … deals with the civil offences, which reads as below :-69. Civil offences - Subject to the provisions of Section 70, any person subject to this Act who at any place in or beyond India, commits any civil offence,

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