Judgment Search Results Home > Cases Phrase: army act 1950 section 104 arrest by civil authorities Page 11 of about 4,853 results (0.213 seconds)

Mulkh Raj Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1983CriLJ1794

..... forces. as held by their lordships in ram sarup v. union of india : 1965crilj236 taking away this right is not restricted, to section 21 of the army act, but every provision in the army act which abridges or abrogates any fundamental right of the members of the arnied forces, is covered by article 33 of the constitution, which can ..... simultaneously taken cognizance of the offence to give rise to any conflict of jurisdiction between it and a court martial. respondent no. 4 having plenary powers under section 125 of the army act to have the petitioner tried by a g. c. m. and the criminal court and court martial (adjustment of jurisdiction) rules, 1952 not being ..... under which exemption to supply the aforesaid material was claimed by the central government is violative of articles 21 and 22 of the constitution, even section 164(2) of the army act, which does not envisage a right of personal hearing or hearing through a counsel in a convict is ultra vires the constitution and opposed to the .....

Sep Ashok Kumar Vs. Chief of the Army Staff and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... by cdr meerut sub area (annx p-3). we notice from the show cause notice that on 16 dec 1992 the applicant was charged under army act section 48 (2) intoxication and army act section 40 (c) using insubordinate language to a superior officer. there are two punishments recorded that it is 7 days ri in military custody and ..... same. all the punishments awarded by col e t mathew were as follows : (a) 22 dec 1992 - army act section 48 - intoxication and insubordinate language. (b) 17 nov 1993 army act section 63 - unauthorised possession of govt property. (c) 19 nov 1993 army act section 41 (2) - disobeying lawful command of superior officer. 17. the applicant was serving with vsd which, although ..... entries as under:-ser no.date of offencetype of offencepunishment awarded(a)25 dec 91aa sec 48 intoxication1. deprived of acting rank of naik2. pay fine of 14 days(b)16 dec 9(i) aa sec 48 (2) intoxication(ii) aa sec 40 (c) using insubordinate language to his superior officer7 days ri in military custody. .....

Lt Col Hardev Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... is against the general court martial proceedings, whereby the appellant (lt col hardev singh) was held guilty of having committed the offence under section 69 of the army act read with section 354 of the indian penal code and sentenced to be dismissed from service. the writ petition stood transferred to this tribunal and was treated to ..... accused. it is not for the accused, in any situation, to question the provisions contained in army act section 125. in order to answer the rival contentions made by learned counsel for the parties, it would be useful to quote army act sections 125. it reads: 125. choice between criminal court and court-martial. when a criminal court ..... it should have been tried by a civil court and the provisions of section 69 of the army act were illegally applied in this case. 14. this was responded to by counsel for the respondents by stating that the provisions contained in army act section 125 are not discriminatory and they give discretion to the authority to decide .....

Rajbir Singh Sepoy/Lans Naik Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... . 37-e dated september 5, 1977, which is to the following effect :-'14. s.r.o. 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no. sro 6-e, dated the 28th november, 1962, the central ..... government hereby declares that all parsons subject to that act who arc not on active service under clause (i) of section 3 thereof shall, while serving in ..... the court before which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.'8. under section 70 of the army act, an offence of murder against a person not subject to military, naval or air force law or of culpable homicide not amounting to murder or of rape .....

Ous Kutilingal Achudan Nair and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1179; 1976LabIC780; (1976)2SCC780; [1976]2SCR769; 1976(8)LC43(SC)

..... that the members of the appellants' unions are not subject to the army act as they do not fall under any of the categories enumerated in sub-clauses (a) to (i) of section 2 of the army act, 1950, and that the impugned notifications are ultra vires the army act and are struck by articles 19(1)(c) and 33 of the ..... the military law. the army act, 1950, has also been made applicable to them. by another notification dated 23.2.1972, issued under rule 79, of the army rules, civilian employees of the training establishments and military hospitals have been taken out of the purview of the industrial disputes act.15. section 9 of the army act further empowers the central ..... maintenance of discipline among them.11. in enacting the army act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the operation of .....

Kailash Chandra Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... findings are not supported by evidence. it was reiterated that the dismissal from service is not a punishment contained in the hierarchy of punishment as listed in army act section 71 or section 40(b). therefore, that illegal punishment needs to be set aside and the appellant be reinstated in service with all consequential benefits. 6. counsel for the ..... , the second punishment of dismissal was converted into discharge. 4. it was argued by counsel for the appellant that dismissal was not a punishment as listed in army act section 71, wherein the punishments which are awardable by a court martial are listed. therefore, for the goc-in-c to award him this punishment was illegal and ..... taken, which culminated in the scm of 31.8.1995, wherein he was awarded three months rigorous imprisonment and dismissal from service, for three charges as under: army act section 36(c) leaving his post without orders from his superior officer. in that he, at unit loc, between 0045h and 0130h on 12 aug 95, when on .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... in the manner as is being done. if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. since the writ of habeas corpus is being ..... court martial and the enhanced sentence, as imposed on petitioner no.1, was confirmed by the confirming authority. petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. was confirmed. this petition ..... respondents is without jurisdiction. not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. counsel further contends that this is being done while misinterpreting the order passed by the principal bench of the tribunal at delhi. before filing the .....

Major S. Ravi and Others Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647

..... each and every aspect of the matter. suffice it to elaborate and understand the import of section 25 of the army act, 1950 and rule 7 of the survey of india (recruitment from corps of engineer officers), rules, 1950.10. section 2 of the army act categorises the persons subject to the act and they shall remain as such until they retire, discharged, released, removed, dismissed or cashiered from ..... the service. section 2(2)(xviii) of the army act defines officer to mean a person commissioned, gazetted or in .....

Lakh Narayan Karan Vs. Union of India (Uoi) Through the Special Secret ...

Court : Patna

..... did not regularise his leave, on the other hand, sentenced him to undergo for an imprisonment for 28 days, for committing the offence under section 39 of the army act, which provides punishment for a person who over stays the leave granted to him without sufficient cause.3. while the petitioner was undergoing an imprisonment ..... found guilty in a summary court-martial proceeding, it is necessary to refer to the relevant provisions of the army act. section 71 of the act which prescribes the punishment awardable by a court-martial runs as follows:section 71. punishment awardable by courts-martial. - punishments may be inflicted in respect of offence committed by persons subject ..... leave granted to him. the offence which the petitioner is alleged to have committed is under section 41(1) of the army act, 195u (hereinafter referred to as the act), which runs as follows:any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given .....

Bhuwneshwar Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (1993)2CALLT31(SC); 1993CriLJ3454; JT1993(5)SC154; 1993(3)SCALE589; (1993)4SCC327; [1993]Supp2SCR56

..... with a view to avoid hardship to the persons convicted by court martial, has in 1992 incorporated in the army act itself a provision similar in terms as section 428 cr. pc. section 169a of the army act, as introduced by the army amendment act, 1992, provides:169a. period of detention undergone by the accused to be set-off against the sentence of ..... by respondent no. 4, in spite of the presence of the commanding officer in the unit, it was illegal. we cannot agree. under section 169(2) of the army act read with army rule 166, a warrant for the committal of a person sentenced by court martial to a civil prison is required to be forwarded and signed ..... of the central government for the detention of the appellant beyond a period of three months was obtained and, therefore, the safeguards provided for in sections 101-103 of the army act read with rule 27 of the rules were respected in their breach, without any explanation being furnished for non-compliance with the requirements of those .....