Advanced Search Results

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : 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

Reported in : 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 … 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 or

A.K. Harida Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1988CriLJ597

reconsider the question regarding sentence which was too linient, by exercising revisional powers under Section 160 of the Army Act, 1950, (hereinafter referred to as the Act). The petitioner was then given a notice by GCM on 18-9-1986 directing … otherwise than by court-martial can be inflicted in respect of offences mentioned in Sections 80 and 83 to 85. Under Section 84 an officer below the rank of Lt. Colonel can be punished with the punishments of

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

court or a court martial nor was the case dealt with summarily under Sections 80, 83, 84 or 85 of the Army Act, 1950, and hence, Clause (a) of Sub-rule (1) of rule 53 of the Army … 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

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 … a later special statute would normally prevail over an earlier general one. Test of object of the Statutes 85. It is trite that a statute or a rule has a structural or systemic quality that is reflected

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 … 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 or

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 … The charge-sheet is as under:'The accused IC-18808 P. Major R.K. Midha of 641 F.S. Section presently attached to 85 Armoured Regiment is charged with:Army Act.SectionCOMMITTING A CIVIL OFFENCE.in that he at field during November, 1977 and February,

Mahipal Singh Vs. Union of India and ors.

Court : Delhi

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 116 and 120; Indian Penal Code (IPC), 1860 - Sections 465

Reported in : 55(1994)DLT176

that the first charge sheet was issued to the petitioner under the provisions of Section 69 of the Army Act,1950, (hereinafter called 'the Act'), which was subsequently amended to Section 63 in the second, third and fourth charge … Contrary To Section 465 Of The Indian Penal CODE in that heat Jabalpur, on or around 16 December 85, fraudulently made an application for outsider sanction for recruitment in respect of Shri Nar Singh (now No.15351916H recruit)

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 … 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 or dealt

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

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

Court : Mumbai

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 … 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 courtmartial or dealt