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Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 69 and 70; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20

he was handed over to the army. On 24.10.96, the appellant was charged under Section 69 of the Army Act, 1950 for committing the civil offence i.e., possessing ganja in contravention to Section 20(b)(i) of the Narcotic Drugs and … of ganja. Later on, he was handed over to the army. On 24.10.96, the appellant was charged under Section 69 of the Army Act, 1950 for committing the civil offence i.e., possessing ganja in contravention to Section

Union of India (Uoi) and ors. Vs. Devendra Nath Rai

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 69 and 153; ;Indian Penal Code (IPC), 1860 - Sections 302 and 307; ;Code of Criminal Procedure (CrPC) , 1898; ;Code of Criminal Procedure (CrPC) 1973 - Sections 235(2) and 354(3); ;Constitution of India - Articles 19 and 21

Reported in : 101(2006)CLT702(SC); 2006CriLJ967; 2006(1)JKJ1[SC]; JT2006(1)SC370; 2006(1)SCALE304; (2006)2SCC243

of death penalty by the Court Martial was affirmed by the Central Government under Section 153 of the Army Act, 1950 (in short the 'Army Act').2. Factual position as projected by the appellants in a nutshell is as follows:On … faced trial under the Army Act. There were four charges under Section 69 of Army Act. The first two charges related to commission of civil … retention of death penalty, and recommending revision of the Criminal Procedure Code and the insertion of the new Sections 235(2) and 354(3) in that code providing for pre-sentence hearing and sentencing procedure on conviction for murder and

Sandeep Alias Sanjay Vithal Shinde Vs. the State of Maharashtra,

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 376 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 475 and 475(1); Army Act, 1950 - Sections 3, 69 and 70; Navy Act, 1957; Air Force Act, 1950; Military Law

Reported in : 2004CriLJ3678

Court in accordance with the provisions of the said Code even though in accordance with the provisions of Army Act 1950 (here-in-after called as 'the said Act') read with Section 475 of the said Code the petitioner was required … post specified by the Central Government by a notification in that regard.12. The provisions of law comprised under Sections 69 and 70 read with various definitions of the terms and expressions used in the said Act which are

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 69 and 120(2)

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

contention that the Summary Court Martial was not competent authority under the provisions of section 120(2) of the Army Act, 1950. Therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. In support … officer holding a summary Court-martial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the Court. (3) ... ... ... ...

Shri Suryakant @ Bandu Ranoji Andekar Vs. the State of Maharashtra, Th ...

Court : Mumbai

Subject : Criminal

Acts : Army Act, 1950 - Sections 69; Narcotic Drugs and Psychotropic Substances Act; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 433A

Reported in : 2005CriLJ4478

life imprisonment pursuant to the conviction under Sec. 302 of the I.P.C. read with Sec. 69 of the Army Act, 1950. Nevertheless, the Apex Court therein has clearly held that 'Section 433-A would operate in the field and a … punishments provided by law or where a sentence of death imposed on a person has been commuted under Section 433(1) of Cr.P.C. to imprisonment for life, has to serve at least 14 years of imprisonment excluding remissions

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Narcotics

to try the offence in question it would be appropriate to look into the relevant statutory provisions. The Army Act, 1950 is enacted to consolidate and amend the law relating to the governance of regular Army. Section 2 of … petitioner was charged under two heads; the first head was Under Section 69 of the Army Act for committing a civil offence of being in … as an act or omission punishable under the Act and includes a civil offence. Chapter IV comprising of Sections 34 to 70 deals with the offences. Sections 34 to 68 speak of the offence against the Act

N.F. Chand Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Subject : Criminal

Reported in : 1987CriLJ637

party No. 2 is Retired Lt. General Jagdishwar Singh Nakal. The petitioner is a person subject to (The) Army Act, 1950. There is no dispute about it. In Section 3(b)(ii) 'Civil offence' has been defined as an offence which … order, the present petition Under Section 482, Cr.P.C. has been filed.2. Section 69 of (The)Army Act, 1950 clearly lays down that subject to the provisions … these two parties mentioned above, criminal proceedings giving rise to the allegations making out a case covered by Sections 307, 147, 148, 149, 380 etc. of the I.P.C. have been started. After investigation charge-sheet has been submaiiidtool

inderpal Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 123 and 179; Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Sections 2 and 3; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 432, 433A and 482; Constitution of India - Articles 14, 19, 21, 226, 227, 246 and 254; Army Rules - Rule 204; Code of Criminal Procedure (CrPC) , 1898

Reported in : 1998CriLJ1736

Kulwant Singh was Naik in 29 Infantry Division C/o A.P.O. He was convicted under Section 69 of the Army Act, 1950 (equivalent to Section 302, IPC) at a general Court martial at Pathankot on 12-1-1995 and sentenced to undergo … Judge recorded in Ex-Major R. S. Budhwar's case (supra), it is however, equally true that the provisions of Sections 123 and 179 of the Army act and the provisions of Article 246 and 254 of the Constitution

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 33, 226 and 227; Army Act, 1950 - Sections 69, 70 and 109; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 36A(1), 41, 42, 42(1), 41(2), 42(2), 43, 50 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 100; Code of Criminal Procedure (CrPC) (Amendment) Act, 1974; Army Rules

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

refer to the relevant provisions of the Army Act and the Rules framed thereunder. Chapter VI of the Army Act, 1950 stands ascribed to the offences and Section 69 therein deals with the civil offences, which reads as below … therewith. Before proceeding further, however, it would be convenient to note certain provisions of the NDPS Act, namely, Sections 18 42 50, which reads as under :18. Punishment for contravention in relation to opium poppy and opium.

Union of India and Others Vs. Sadha Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Army Act, 1950 - Sections 69, 177 and 179 to 190; Army Act(Amendment), 1992 - Sections 169A; Code of Criminal Procedure (CrPC) - Sections 428 and 433A

Reported in : AIR1999SC3833; 1999(2)ALD(Cri)815; 2000CriLJ15; 1999(3)Crimes263(SC); JT1999(8)SC337; 1999(6)SCALE594; (1999)8SCC375; [1999]Supp4SCR28

Martial after being tried for the of fence under Section 302 I.P.C. and under Section 69 of the Army Act, 1950. He preferred a writ petition in the High Court for his immediate release from the imprisonment on the … a special procedure. Section 177 empowers the Central Government to make rules in respect of prisons and prisoners. Sections 179 to 190 provide for pardon, remissions and suspension of the sentence. There is no specific provision similar