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Pradeep Singh Vs. Union of India (Uoi) and ors.
Supreme Court of India
Apr-19-2007
Service
Army Act, 1950 - Sections 3, 39A, 80 and 116; Army Rules - Rules 6, 84 and 149; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC) , 1973
2007(2)JKJ55[SC]; JT2007(6)SC1; 2007(6)SCALE1
months was treated as misconduct and Summary Court Martial was convened in terms of Section 116 of the Army Act, 1950 (hereinafter referred to as the 'Act'). He was charged under Section 39A of the Act by order dated … in its view. learned Counsel for the respondent on the other hand supported the orders. With reference to Section 80 of the Act, learned Counsel for the appellant submitted that removal of stripes amounted to punishment and, therefore,
Tag this Judgment! AI Brief & AskEx. Rect. Lachhman Vs. Union of India (Uoi) and ors.
Delhi
Nov-13-2002
Service
Army Act, 1950 - Sections 39, 80 and 120(3); ;Army Rule, 1954 - Rules 22, 22(1), 115, 115(2), 115(2A), 129 and 180
2003(1)SLJ237(Delhi)
the charge. Next that though the petitioner was served with a charge sheet under Section 39(a) of the Army Act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of … the charge ought to be proceeded with, he shall within a reasonable time-(a) dispose of the case under Section 80 in accordance with the manner and form in Appendix III: or(b) refer the case to the proper superior
Tag this Judgment! AI Brief & AskR. Santosh Kumar Vs. Union of India (Uoi) and ors.
Delhi
Oct-15-2004
Service
Indian Penal Code (IPC) - Sections 34, 302 and 498A; Army Act, 1950 - Sections 80, 91, 92, 93 and 94; Army Regulations - Regulation 51
115(2004)DLT279
Note 2 thereto as appears in the Manual of Indian Military Law read with Section 93 of the Army Act, 1950. According to the respondents the claim of the petitioner for payment of pay and allowances could be conveniently … (imprisonment for life) or imprisonment awarded by a criminal court, a court-martial or an officer exercising authority under section 80, or of field punishment awarded by a court-martial or such officer;(b) all pay and allowances for every day
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Major Suresh Chand Mehta Vs. the Defence Secretary (U.O.i.) and Others
Supreme Court of India
Nov-13-1990
Criminal
Army Act, 1950 - Sections 80, 83, 84 and 85; Army Rules, 1954 - Rules 22(2) and 53(1); Constitution of India - Article 32
AIR1991SC483; 1990(3)Crimes671(SC); [1991(62)FLR360]; JT1990(4)SC590; 1991LabIC600; 1990(2)SCALE1102; (1991)2SCC198; [1990]Supp3SCR48a; 1991(1)LC140(SC); MANU/SC/0129/1991
the petitioner to the General Officer Commanding, 2 Mountain Division, for summary trial Under Section 84 of the Army Act. 1950.6. On April 15, 1987, the petitioner was attached to 54 Fd. Regiment for purposes of completing the disciplinary … offence by a competent criminal court or by a court-martial, or has been dealt with summarily under Sections 80, 83, 84 and 86, as the case may be, for the offence, or that a charge in respect
Tag this Judgment! AI Brief & AskDeputy Inspector General, Border Security Force Vs. the State and anr.
Delhi
Jan-04-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126
2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
the Sections 80 and 81 of the BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused
Tag this Judgment! AI Brief & AskColonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...
Andhra Pradesh
Jul-03-2001
Service
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
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 … a Court Martial or by a criminal Court, or has been dealt with under any of the Sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by
Tag this Judgment! AI Brief & AskEx. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.
Punjab and Haryana
Apr-18-2006
Service
Pay and Allowance Regulation Rules, 1955 - Rule 51; Army Rules, 1954 - Rules 178 and 179; Army Act, 1950 - Sections 34, 38, 39, 80, 91 and 92; Constitution of India - Articles 226 and 311(2); Army Pension Regulations, 1961 - Regulations 173, 186, 187 and 189; Army Regulations - Regulations 178 to 187 and 196 to 200; Defence Services Regulations - Regulations 51 and 123; Civil Services Regulations
(2006)144PLR97
criminal court, or imprisonment or field punishment awarded by a court martial, or an officer exerting authority Under Section 80 of the Army Act, 1950; NOTE: In case the sentence of imprisonment or punishment is suspended, the individual … are extracted below the facility of reference:Regulation 51: FORFEITURE OF PAY AND ALLOWANCES51. A person, subject to the Army Act, 1950 will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in Section 92 of
Tag this Judgment! AI Brief & AskSurinder Singh Sihag Vs. Union of India (Uoi) and ors.
Delhi
Sep-11-2002
Service
Army Act, 1950 - Sections 48, 48(2), 80 and 81; Army Rules, 1954 - Rule 13; Constitution of India - Articles 14, 21, 300A and 309
100(2002)DLT705; 2003(1)SLJ154(Delhi)
are as under :-(i) The show-cause notice issued by the Brigadier is contrary to the provisions of the Army Act, 1950 and the Army Rules, 1954;(ii) As the orders awarding punishment had been passed by authorities lacking inherent jurisdiction, … when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.'Section 80 of the said Act is as under :-'80. Punishments of persons other than officers, junior commissioned officers and
Tag this Judgment! AI Brief & AskB.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others
Andhra Pradesh
Jul-08-1999
Service
Army Act, 1950 - Sections 80, 83, 84, 85 and 121; Army Rules - Rule 34
1999(5)ALD352
respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as being in violation of the Army Act, 1950, Section 121 ofArmy Rules 34, Regulations for the ArmyPara 903 exceeding jurisdiction, unlawful and ultra vires.2. Interim stay was … a Court Martial or by a Criminal Court, or has been dealt with under any of the Sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Ex. Kanor Ranbir Singh Sidhu
Allahabad
Dec-04-1970
Civil
Army Act, 1950 - Sections 19 and 45; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101
AIR1971All396
service is illegal, without jurisdiction, ultra vires and inoperative. The trial Court on an interpretation of the Indian Army Act, 1950 and relying on S.K. Rao's case reported in 1968 Lab IC 60 (Delhi) held that the charge of … order of removal and the suit out of which this appeal arises was then filed after notice under Section 80, Civil P. C. for the relief that order dated 6-2-1954 removing him from service is illegal, without jurisdiction,
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