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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:

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 … the scale set out in Section 71, regard being had to the nature and degree of the offence.' Section 73, which provides for combination of punishments, is in these terms:-- '73. Combination of punishments.-- A sentence of a

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 … the scale set out in Section 71, regard being had to the nature and degree of the offence(emphasis supplied)Section 73 of the Act deals with combination of punishments and it reads as under :73. Combination of punishments--A sentence

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 10, 18, 19, 22, 191 and 192; Evidence Act - Sections 114; Government of India Act, 1935 - Sections 49 and 75; Constitution of India - Articles 33, 53, 53(1), 73, 73(1), 74, 74(1), 75, 77(1), 77(3), 161(1), 161(2), 162, 166(3), 226 and 309; Andhra Pradesh Agricultural Produce and Livestock and Markets Act, 1966; Defence Service Regulations, 1962 - Regulation 103; Army Rules, 1954 - Rules 16-A, 16-B, 16B(1) and 16B(2); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : (1986)IILLJ1AP

The appointing authority of the appellant is the President of India by operation of S. 10 of the Army Act 1950 (46 of 1950), for short, 'The Act'. Therefore, we hold that executive action of the Union of India … latent was made patent by Office Order No. 51 dated 16th August, 1984 but its result is inconsequential. Section 114(c) of the Evidence Act permits to draw presumptive evidence that official acts have been regularly performed. In … or through officers subordinate to him in accordance with the Constitution. Art. 73(1) empowers the President to exercise the executive power of the Union, subject

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Service

Acts : Punjab Government National Emergency (Concession) Rules, 1965 - Rule 2; Army Act, 1950 - Sections 3, 4(1), 63, 73, 81(4), 113, 114 and 116(1); Constitution of India - Articles 33 and 352

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

Court considered the nature of the service in the G.R.E.F. and the applicability of certain provisions of the Army Act, 1950 for the purpose of taking disciplinary action against the Officers of the G.R.E.F. In that judgment this Court … 'B' of the Notification relates to certain amendments in Sections 3, 63, 73, 81(4), 113, 114 and 116(1) of the said Act. In the above … the G.R.E.F. on 8-11-1966 and was discharged sometime before 24-11-1972. He joined the Punjab Agriculture University as a Section Officer and on 7-9-1973, in the Municipal Committee, Ludhiana. In the year 1976 the services of the employees

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.2. The respondent was enrolled in the Indian Army on 17.03.1962. He was promoted to the rank of Subedar … pension and gratuity on the basis of his previous service as, admittedly, he stands dismissed in accordance with Section 73 read with Section 71 of the Act. The second question must, therefore, be answered in the negative.'12. Sh.

Ramrao S/O Punjaji Rakha Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Civil

Acts : Army Act, 1950 - Sections 3, 39, 71, 73, 106, 108, 116, 120, 120(4) and 120(5); Constitution of India - Article 226

Reported in : 2005(2)MhLj1022

Civil Prison and to be dismissed from service, for an offence of absenteeism under Section 39 of the Army Act, 1950 and as a deserter under Section 106 of the said Act.3. The factual matrix in this matter is … On the other hand, Shri Alok Sharma, learned Standing Counsel for the Union of India submitted that under Section 73 of the Army Act, the combination of the punishment is permissible, and therefore, the order of dismissal is

Union of India and ors. Vs. Prem Masih.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Army Act of 1950 - Sections 73, 39, 72;

punishment of reduction in rank and dismissal from service being permissible in terms of Section 73 of the Army Act of 1950, (for short Act of 1950), the ld Writ Court was, thus, wrong in holding that two

Varghese Vs. State of Kerala

Court : Kerala

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 … Therefore, under the available facts of the case, the Magistrate can proceed against the accused, as per law.8. Section 73 of the Code of Criminal Procedure, in short 'the Cr.P.C, a Magistrate of the first class or the

Sepoy Devidutt Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Constitution

Reported in : 1988(1)WLN299

and is not maintainable when a person, belonging to the Force, has been tried and convicted under the Army Act, 1950 (here in after to be referred to as 'the Act') by a Court Martial. It was argued that … and (2) dismissal from service. It was contended by him that two punishments cannot be simultaneously awarded under Section 73 of the Act. We find the contention completely bizarre and bereft of merit. Chapter VII of the Act