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Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

Army, Navy or Air Force when commit any offence are dealt with the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … Pratap Singh and the case of the petitioner was covered under Section 105 of the Evidence Act and Section 97 of the Ranbir Penal Code equivalent to Section 97 of the Indian Penal Code.14. We have given out

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … have been answered in paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77. To express our … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 26, 27 and 33

Reported in : 73(1998)DLT181

in the case of the petitioner. The learned Counsel referred to Sections 26, 27 and 33 of the Army Act, 1950. 11. Section 26 provides for remedy of aggrieved persons other than .officers. The provisions give right to such … 6 were not even aware of the impending move of 12 Fd. Sub Group which came in February, 97 that is almost six months after the petitioner's move to present unit. 16. According to the learned Counsel

R. Santosh Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Indian Penal Code (IPC) - Sections 34, 302 and 498A; Army Act, 1950 - Sections 80, 91, 92, 93 and 94; Army Regulations - Regulation 51

Reported in : 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 … or not to enforce wholly or partially the forfeiture, but as to remission of such deduction: see AAs. 97 and AR 195.xx xx xx '5. In this regard, reference may also be made to the provision of

Nripen Sarma Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Commanding Officer that he would be tried by the Summary Court Martial (SCM) for the offence committed under Army Act, 1950 (Section 46A). Copies of the summary of evidence and additional summary of evidence along with the charge sheet were … Govt. of India, 3 KYD Street, Calcutta vide our letter No. 47069/ SSK/C of I dt 07 October 97. (Copy att at exhibit 'A'). (Witness Nos. 1,2 and 8).5. No traces of blood or injury were found

Ex. Sep. Shambhu Singh Vs. the Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

be appropriate to reproduce the charge sheet, by which the appellant was tried by the SCM. It reads: ARMY ACT 1950 SECTION 39(b) WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM in that he, at field on 16 Oct 97

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 122 and 123

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

of 2 years with the intention to drag the period beyond 3 years as per Section 123 of Army Act 1950. It is stated that provisions of Sections 123 of the Army Act were invoked against the petitioner vide … his trial began within a period 3 years from his date of retirement i.e. up to 31 May, 97 provided he is not absconding avoiding arrest/obtained injunction/stay from the Court (Army Act 123(2) refers. 5. That General

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431

substance in the complaint, suitable action has been taken against the person concerned under the provisions of the Army Act. The learned Attorney General has placed before us instructions in the form of a list of 'Do's and … as contravention of these instructions is punishable under Sections 41, 42(e), 63 and 64(f) of the Army Act, 1950.61. In State of Uttar Pradesh v. Chandra Mohan Nigam and Ors. : (1978)ILLJ6SC , this Court, while considering … by virtue of the residuary powers under Article 248 read with Entry 97 of the Union List and it would not be necessary to go … Mizoram, Nagaland and Tripura. The expression 'disturbed area' has been defined in Section 2(b) to mean an area which is for the time being declared

(Ex. Naik Clerk, G.D.) Ganeshan Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : FamilyService

Acts : Army Act, 1950 - Sections 20, 22 and 122; Hindu Marriage Act, 1955 - Sections 13; Army Rule, 1954 - Rules 13 and 17; Army Regulations, 1987 - Regulations 333, 333B, 333C and 432; Hindu Law

Reported in : [2005(105)FLR1045]

could not be terminated under the provisions of para 333 of the Regulations for the Army lead with Army Act, 1950. Section 20 and Army Rule 17. A show-cause notice is at Annexure-J. The petitioner submitted a detailed reply objecting … an order was issued to him. In the meanwhile, the first wife Sreedevi filed a Original Suit No. 97 of 1993 in the Family Court of Ernakulam contending that the customary divorce did not constitute a valid

Jc-116244 Ex-subedar Joginder Singh Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 52 and 164(2); Pension Regulations for the Army, 1961 - Regulations 16 and 113

Reported in : [2003(96)FLR376]; JT2001(9)SC23; 2001LabIC4012; 2001(7)SCALE263; (2001)9SCC602; 2001(4)SCT1012(SC); (2002)1UPLBEC150

in limine on 8.9.1998. Hence this appeal.2. We notice the relevant provisions of the Army Act and Regulations:-The Army Act, 1950 'Section 52. Offences in respect of property. - Any person subject to this Act who commits any of the