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Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view of

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

or he thinks fit.23. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … The record of evidence was illegally prepared on the basis of the order issued on 9th June, 2001. Section 87 of the B.S.F. Act clearly provides that the provisions of the Indian Evidence Act, 1872 shall be applicable

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

or he thinks fit.19. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … The record of evidence was illegally prepared on the basis of the order issued on 9th June, 2001. Section 87 of the B.S.F. Act clearly provides that the provisions of the Indian Evidence Act, 1872 shall be applicable

Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter … receiving illegal money of Rs. 12,500/- from one Shri Rajendra Singh, owner of Pansari Shop, for sale of 87 MT Gas through BPLs and Kerbside Pump, kept by Dvr. Gde 11 Ramakant Prasad of 'A' Coy 5033

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

was a prima facie case against these three accused persons which ought to be proceeded with under the Army Act, 1950 and that they be tried by a General Court-Martial. Signed at Dinjan this Fourth day of January, 1989.Place: … and Sepay Mahavir Singh deserted from 8 JAT Loc on 16 Jun 87 along with SLR No. G-7343 and EC-9744 and 367 rds of 7.62 … Mehtab Singh formerly JC 66136K Sub Maj Mehtab Singhof 8 JAT, and liable to trial by Court-martial under Section 123 of theArmy Act, and3. JC 127909 X Sub Kartar Singh of 8 JAT, all attached to 237

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

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 under

Present: Mr. Arun Bansal Advocate Vs. the Central Govt. Through Secret ...

Court : Punjab and Haryana

Subject : Land Acquisition

may be of relevance to notice here that the provisions of the Act are almost borrowed from the Army Act, 1950 and almost all the provisions are copied verbatim with necessary variation due to change in nomenclature relevant for … a person subject to the Act and in this regard, reference can be made to the provisions of Section 87 of the Act, which prohibits second trial. Section 87 read as under:- “87. Prohibition of second trial.- (1)

N. Sivasubramanian Versus Government of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

that General Court Martial could not be conducted since the same is barred under Section 122 of the Army Act, 1950. The delay would vitiate proceedings. The petitioner would place his reliance on the following dictums: i) AIR 1990

Major R.S. Budhwar Vs. Union of India and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act - Sections 69 and 164; Constitution of India - Article 226; Indian Penal Code (IPC) - Sections 34, 109 and 302

Reported in : 1996IVAD(SC)213; AIR1996SC2000; 1996(2)ALD(Cri)226; 1996CriLJ2862; 1996(2)Crimes154(SC); JT1996(5)SC39; 1996(4)SCALE269; (1996)9SCC502; [1996]Supp2SCR528

of imprisonment for life and cashiering. Aggrieved thereby the appellant presented a petition under Section 164(1) of the Army Act, 1950 ('Act' for short) wherein he prayed that the findings and sentences recorded against him be not confirmed. The … that he had committed the murders on the instigation of the appellant, reads as under :On 18 June 87, after 1600 hrs. I and L/NK Inder Pal surrendered to Hav Nav Rattan of my unit near Kambang

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