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Apr 26 2011

Pravat Saha @ Pravat Kumar Saha Vs. Union of India Service Through the ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Apr-26-2011

Subject : Land Acquisition

imprisonment (RI) by his Commanding Officer under a proper ‘offence report charged under Section 39 (a) of the Army Act, 1950. Therefore, it was, according to him, illegal to punish him again by discharging him from service for the … He was absent without leave on two occasions during training; once for eight days and second time for 83 days while undergoing advance training phase. He was summarily punished on each occasion by the Commanding Officer for

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Nov 13 1990

Major Suresh Chand Mehta Vs. the Defence Secretary (U.O.i.) and Others

Court : Supreme Court of India

Decided on : Nov-13-1990

Subject : Criminal

Acts : Army Act, 1950 - Sections 80, 83, 84 and 85; Army Rules, 1954 - Rules 22(2) and 53(1); Constitution of India - Article 32

Reported in : 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 … 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 of

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Dec 14 2012

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

Decided on : Dec-14-2012

Subject : Land Acquisition

We find that Section 59 of the ITBPF Act, 1992 is para materia with Section 87 of the Army Act, 1950. Section 87 of the Army Act enables a superior military officer to conduct a review of the punishment awarded … the Army Act enables a superior military officer to conduct a review of the punishment awarded under Sections 83, 84 and 85 of the enactment. If it appears that the punishment awarded by summary trial under the

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Aug 12 2014

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Decided on : Aug-12-2014

Subject : MRTP

settled.90. In AIR1999SC3833: (1999) 8 SCC375UOI vs. Sadha Singh, the respondent was convicted under Section 69 of the Army Act, 1950 for the offence of murder. The court observed that the Army Act was a special Act which provided … its provisions will have effect ‗notwithstanding anything inconsistent therewith contained in any other law Crl Rev.No.443/2009 & Crl.M.A.No.3071/2010 83 for the time being in force‘. Difficulty arises if there is an overlap. The principles laid down to

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Jul 08 1999

B.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Jul-08-1999

Subject : Service

Acts : Army Act, 1950 - Sections 80, 83, 84, 85 and 121; Army Rules - Rule 34

Reported in : 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 … 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 a

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Nov 09 1983

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

Court : Kolkata

Decided on : Nov-09-1983

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … a bar inasmuch as there has been a summary trial under Secs. 83 to 85 and the petitioner has been convicted and the sentence of … compensation of the loss was preferred by the Supply Depot ASC Panagarh in accordance with the provisions of Section 78B of the Indian Railways (Amendment) Act of 1961 which was registered by the railways and the same

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Aug 11 2025

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

Court : Supreme Court of India

Decided on : Aug-11-2025

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 … identical, this Court is of the view that combined merit list ought to be prepared. [Paras 39-41, 44-47, 83, 113] [2025] 8 S.C.R.  1243Arshnoor Kaur & Anr. v. The Union of India & Ors.Constitution of India

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Dec 21 1990

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Decided on : Dec-21-1990

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

a reference thereto was barred by limitation. The Court Martial was, therefore, dissolved Under Section 117 of the Army Act, 1950, (referred to hereinafter as 'the Act') and the respondent was handed over to the civil authorities for being … original unit, as set out earlier.19. Parties will bear their own costs throughout. Criminal - Court martial - section 83, 84, 85 and 121 of army Act, 1995 court martial proceedings under act initiated against respondent - general

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Dec 21 2000

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

Court : Delhi

Decided on : Dec-21-2000

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

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Jan 31 2008

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Decided on : Jan-31-2008

Subject : Service

Acts : Army Act, 1950 - Sections 19, 20, 20(3), 22, 60, 63, 71, 80, 83, 84, 85, 121, 161, 162, 179, 179(3), 179(4), 179(5A) and 179(6); Army Rules, 1954 - Rules 13(3), 14, 17 and 177(1); Constitution of India - Articles 32, 33, 136, 226, 227 and 227(4)

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and … a courtmartial 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 a

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