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

Court : Supreme Court of India

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

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 … ORDER AND MILITARYSection 63 DISCIPLINEIn that he, at field, on 31 Oct 84 while being the Officer Commanding 'A' Coy, 11 Assam Rifles on receipt of signal No. O 2140 dated

Major (Dr.) Ardhendu Pal (Ms 13401 N) Vs. Union of India (Uoi) and ors ...

Court : Delhi

Subject : CivilService

Acts : Army Act, 1950 - Sections 2(1) and 84

Reported in : 114(2004)DLT569; 2005(81)DRJ771

above. However, in all cases periods of service forfeited by sentence of Court-Martial or by summary award under Section 84 of the Army Act (Act XLVI of 1950) will be deducted from the total service reckonable for seniority … or beyond the age of 55 years.On being granted a commission, the officer will be subject to the Army Act, 1950 (XLVI of 1950) under Section 2(1)(a) thereof.'12. Perusal of the Army Instructions shows that the authorities were conscious

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

Court : Supreme Court of India

Subject : Service

Acts : 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

Reported in : 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 … the rules relating to acting ranks need to be noted. The same is contained in Army Instructions Nos. 84 and 88. Rule 84 relates to promotion for Junior Commissioned Officers and other Ranks. According to the instructions,

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

: [1996]3SCR785 . In thesaid case considering the similar provision as to thecommencement of a trial in the Army Act, 1950, this Court held :'In the light of the above discussion, we hold that the trialcommences the moment GCM … of the officers appointed to try the accused isread in the hearing of the accused in accordance with Section 84 ofthe Act. The provisions of Chapter VII of the BSF Act read withRules 52, 53 and 65 of

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

Court : Delhi

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 … been repealed by the later statute. (Ref: AIR1983SC150 (1983) 1 SCC177T. Barai vs. Henry Ah Hoe & Anr.) 84. Going by the above discussion, it is clear that a later special statute would normally prevail over an

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

Court : Andhra Pradesh

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 … was not convicted or acquitted by a Court Martial orCriminal Court nor has been dealt with summarily under Section 84 of the Army Act, and hence the plea of second trial invoking Section 121 of the Army Act

Ramesh Kumar Mishra Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Constitution of India - Article 226; Army Act, 1950 - Sections 39; Army Rules, 1954

Reported in : 2003(1)AWC536

be relinquished from his substantive appointment of Havaldar. The respondents did not follow the procedure provided under the Army Act, 1950, and the Army Rules, 1954, to reduce him to the rank of Naik.11. Counsel for respondents made a … was relinquished on 26.10.1996 and he was awarded punishment, 'severe reprimand' and 14 days pay as fine under Section 39(a) of the Army Act. He was discharged from service on 31.8.1997 on the ground of his medical … acting rank of H.M.T. was automatically relinquished in terms of Army Instruction 84/68. (e) Non-Payment of daily allowances.--As per procedure, the person proceeding on discharge/retirement

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

Court : Supreme Court of India

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 … 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 court-martial

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