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Union of India and ors. Vs. R.K. Sharma

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 71 and 72; Army Orders - Orders 70 and 84; Army Rules, 1954 - Rules 22, 23, 24 and 149; Constitution of India - Articles 14, 32, 226 and 227

Reported in : AIR2001SC3053; [2001(91)FLR1006]; JT2001(9)SC76; 2001LabIC4007; 2001(7)SCALE70; (2001)9SCC592; 2001(4)SCT828(SC); 2002(1)SLJ323(SC); (2002)1UPLBEC111

coming to the conclusion that the punishment of dismissal was violative of provisions of Section 72 of the Army Act, 1950. Section 72 merely provides that the Court Martial may, on convicting a person, award either the punishment which is provided

Ranjit Singh Chaurasia Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 38 to 68, 71, 72 and 73

Reported in : AIR1976All405

imprisonment as well as dismissal from service The appellant availed of the remedies available to him under the Army Act, 1950, but failed to get any redress. He thereupon filed a writ petition in this Court. The only point … until any proved loss or damage occasioned by the offence of which he is convicted is made good' Section 72, which empowers a Court-martial to award the alternative punishments, provides:'72. Alternative punishments awardable by court-martial.-- Subject to the

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

Court : Supreme Court of India

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)

such an act of the appellant comes within the meaning of Section 63 of Chapter VI of the Army Act, 1950 ('Act, for short) which enumerates various type of offences. Section 63 lays down as under :63. Violation of … punishments and are severe in nature. Sections 71(f) to 7i(j) and Section 71(1) provide for comparatively lesser punishments. Section 72 of the Act is the next relevant Section which reads as under :72. Alternative punishments awardable by court-martial--Subject

Madan Lal Vs. Union of India and anr.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 71, 72 and 73

Reported in : 1998VIIAD(Delhi)65; 4(1998)CLT368; 75(1998)DLT750

been framed to meet the situation coming within the purview of Sections 71, 72 and 73 of the Army Act, 1950. Section 71 of the Army Act, 1950 deals with the punishment awardable by Court-Martial. The provision reads as under:

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

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 … issued to him. The said plea was not accepted. This Court, after referring to the language used in Section 72, which states that any punishment lower in the scale set out in Section 71 can be imposed regard

Abhimanyu Vs. The Union of India and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

maintained. Writ Petition is disposed of in the above terms. No costs. Constitution of India, 1950 Article 226 Army Act, 1950 Section 44 Section 164 Conviction and dismissal Petitioner challenged validity of order of conviction and dismissal in Summary Court … is one of the punishments prescribed under clause (e) of Section 71 of the Army Act. As per Section 72, a Court-Martial may, on convicting a person of any of the offences specified in sections 34 to 68,

Arshnoor Kaur & Anr. versus the Union of India & Ors.

Court : Supreme Court of India

Subject : Education

Reported in : [2025] 8 S.C.R. 1241

by virtue of the power conferred by Article 33 of the Indian Constitution that Parliament has enacted the Army Act, 1950 - Section 12 of the Army Act, 1950 restricts the Fundamental Right of females to join the Indian Army, except … Constitution of India, 1950 - Articles 14, 15,16 - Constitution and Government Policy towards Women - Discussed. [Paras 72-82]Case Law Cited R. Viswan and Ors. v. Union of India and Ors. [1983] 3 SCR 60 : (1983)

Balbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Air Force Act, 1950 - Sections 4, 9, 72, 124 and 125; Leave Rules - Rule 9; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 6; Code of Criminal Procedure (CrPC) - +, 1973 - Sections 475; Army Act, 1950; Indian Penal Code (IPC) - Sections 34, 302 and 325

Reported in : 1995(43)BLJR343; 1994(4)SCALE904; (1995)1SCC90; [1994]Supp5SCR422; 1995(1)LC275(SC)

be tried by Court-martial. - (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of … - Sections 302 and 34 of Indian Penal Code, 1860, Sections 72, 124 and 125 of Air Force Act, 1950, Section 475 of Criminal Procedure Code, 1973 and Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 -

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct

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

Court : Rajasthan

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 1, 2, 3(24), 21, 33, 34, 38(1), 39, 40, 63, 69, 70, 71, 72, 80, 108, 109, 110, 112, 113, 114, 115, 116, 118, 119, 120, 120(2), 120(4), 120(5), 125, 161, 193; Indian Penal Code (IPC) - Sections 341 and 376; Army Rules, 1954 - 22(3), 28, 29, 30, 32, 33, 34, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 129, 137 and 149

Reported in : RLW2006(4)Raj3323

proceeding. They also seek to challenge the validity of the provisions relating to summary court martial under the Army Act, 1950 and the Army Rules, 1954. As vires has been challenged in all the petitions, they were heard together.2. … list of 12 punishments arranged according to scale starting from death to stoppage of pay and allowances. Under Section 72 these punishments are to be inflicted in connection with the offences committed by the persons subject to the