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ex.link Vishav Priya Singh vs.uoi

Court : Delhi

Subject : Land Acquisition

case of the petitioner, on August 09, 1991, the petitioner submitted his petition under Section 164(2) of the Army Act, 1950 against his W.P.(C) No.2511/1992 Page 4 of 41 wrongful dismissal but no reply was received for the … 1991. It is the case of the petitioner, on August 09, 1991, the petitioner submitted his petition under Section 164(2) of the Army Act, 1950 against his W.P.(C) No.2511/1992 Page 4 of 41 wrongful dismissal but no

Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 41 and 164; Army Rules, 1954 - Rule 25

Reported in : AIR1973MP191; (1972)IILLJ611MP

Court for exercise of fundamental rights. But, however, their Lordships while construing Sections 125 and 126 of the Army Act held that the General Court-Martial could exercise jurisdiction in the matter of trying the accused. In that view … prerogative powers was not at all decided.4. In Som Datt Datta v. Union of India, AIR 1969 SC 414, their Lordships of the Supreme Court had to consider a petition under Article 32 of the Constitution of … In this Writ Petition, which is described as a petition under Articles 226 and 227 of the Constitution of India, two questions are mainly involved.

S.K. Chaterji Vs. the Union of India (Uoi)

Court : Rajasthan

Subject : Service

Reported in : 1994(2)WLC54; 1994(1)WLN100

of the period of 3 years from the date of offence, in terms of Section 122(1) of the Army Act.6. Even after the GCM was convened and some business transacted, the trial was once against suspended and the … GCM viz. Lt.Col. VIkram Deuskar expired and consequently, the said GCM had to be dissolved in terms of Sections 113 and 117(1) of the Army Act read with Note to Rule 38 of the Army Rules.8. It … do not pertain to CBI enquiry i.e. disobeying lawful command under Section 41(2) and absenting without leave user Section 39(a) of the Army Act, respondents

Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from … took oath in terms of Rule 45; applied their mind under Rule 41 to proceed further under Rule 43. The oath envisages thus:'.... I will … particularly when it involves liberty of the citizen. He argues that the legislature had made a dichotomy of Sections 122 and 123 of the Act. The time during which the accused was not available cannot, therefore, be

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged … be sustained in law.10. We propose to deal with this legal nodus in detail. The relevant provisions, namely, Sections 116 and 120 of the Army Act and Paragraph 381 of the defense Services Regulations, Regulations for the … before the CO, 18th Punjab Regiment on 15.7.1990; was charged under Section 41(2) of the Army Act for disobeying a lawful command given by a

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Labour and Industrial

Reported in : 1972MPLJ449

Court for exercise of fundamental rights. But, however, their Lordships while construing Sections 125 and 126 of the Army Act held that the General Court-Martial could exercise jurisdiction in the matter of trying the accused. In that view … amount to disobeying a lawful command of his superior officer so as to constitute an offence under Section 41(2) of the Army Act. Therefore, the question arises whether the Station Commandant can issue the said order and

Signalman Ram Kumar Mourya Versus the Chief of the Army Staff and Anot ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

Matched in: Parties Signalman Ram Kumar Mourya Versus the Chief of the Army Staff and Another

Shri Shantilal Nagarwal, Ex. Mcelar Second Class Vs. Union of India (U ...

Court : Mumbai

Subject : Service

Acts : Navy Act - Sections 41, 45, 77(2), 98 to 146 and 160; Army Act; Indian Penal Code (IPC) - Sections 341; Army Rules - Rules 37 to 105, 105, 120 and 121; Navy (Discipline and Misc. Provisions) Regulation 1965; Constitution of India - Articles 14, 136 and 226

Reported in : (2008)110BOMLR3069

communicated to the trial judge advocate for the transmission to the Judge Advocate General of the Navy.10. The Army Act too contains provisions relating to Court Martials, however, those provisions are not as elaborate as those in the … finding without reasons.9. The procedure at Court Martial under the Navy Act is prescribed in Chapter XIII in Sections 98 to Section 146 of the Act and is a complete code in itself. Provisions relevant for the … of spare for the aircraft and thereby committing offence punishable under Section 41(c) of the Navy Act.2. Failure to report for duty on 06.04.2001 though

In Re: Major F.K. Mistry

Court : Chennai

Subject : Criminal

Reported in : (1949)2MLJ44

holds the rank of a Major in the Indian Army is governed by the provisions of the Indian Army Act (Act VIII of 1911), which consolidated and amended the law relating to the Government of His Majesty's Indian … with the Indian Army Act is instructive and interesting. The scope of the two Acts, the arrangement of sections the manner of the enforcement of discipline, the infliction of punishment and the method of conducting courts-martial, are … prosecution story is accepted, the offence mentioned above has been committed. Section 41 is also contained in the same Chapter V and is under the … or about the 31st August, 1946. The charge-sheet was filed on the 24th July, 1947, alleging that the offences were committed on 28th August, 1946,

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)

a class of citizen not entitled to the benefits of liberal spirit of the Constitution. Persons subject to Army Act are citizens of this ancient land having reeling of belonging to the civilized community governed by the liberty … would be dealt with shortly hereafter but presently having a perusal of the relevant statutory provisions (in particular Sections 41 and 42) the submission as above cannot but be termed as it has been inevitable and inescapable. A … presently under consideration, it appears that on a petition filed under Articles 226/ 227 of the Constitution of India, the respondent herein prayed for quashing