Judgment Search Results Home > Cases Phrase: army act 1950 section 109 power to convene a general court martial Page 1 of about 396 results (0.076 seconds)

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

..... in orders to extract a confession as a result whereof bhagwan das died. a general court martial (gcm, for short) was convened under section 109 of army act, 1950 which tried the respondent and the other officers. on 26.12.1978 the gcm awarded the sentence of forfeiture of three years service for purpose ..... the fact remains that such penalties have been treated as punishments awardable by court martial under section 71 of the army act, 1950. the power conferred by section 19 on the central government and the power conferred on court martial by section 71 are clearly distinguishable from each other. they are not alternatives to each other in ..... be necessary to keep in view the provisions contained in section 19 and 122 of the army act, 1950 and rule 14 of army rules, 1954 which are extracted and reproduced hereunder :-army act, 195019. termination of service by central government. - subject to the provisions of this act and the rules and regulations made thereunder the central government .....

Gian Chand Vs. Union of India and Others

Court : Delhi

Reported in : 1983CriLJ1059; 1983(1)Crimes1000; ILR1983Delhi552

..... charge and to give full opportunity to the petitioner to present his defense. the entire trial against the accused persons was held in violation of the provisions of army act and army rules'. in the earlier part of the said paragraph it was stated that a summary of evidence was ordered against all the petitioners without observing the mandatory provisions ..... is a fetter on the discretion and judicial function of the court-martial. 26. the aforesaid contention of shri sharma is squarely met by the express provisions of section 160 sub-section (1) of s. 160 give the power to the confirming authority, which power can be exercised only once to direct the court-martial may be directed to ..... mean that even after the petitioners had been deployed and attached to 2 bihar they had two commanding officer, namely, the commanding officer 2 bihar, in terms of section 3(v) of the act, and major s. r. yadav who was the commanding officer of 480 i. & f.s. coy, at the time when the offence was committed. such .....

Amarendra Nath Das and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1977CriLJ493

..... preferring an appeal. the copies were supplied on 4th of february, 1975. on 24th march, 1975, the petitioners preferred appeals to the respondent no. 2 under section 164(2) of the army act, 1950. on 5th of aug., 1975, the petitioners were informed of the result of the appeal by the respondent no. 6 and thereafter, the petitioners obtained the ..... the warrant reads as follows:to the officer, not being under the rank of a field officer commanding the bengal area.in pursuance of the provisions of the army act, 1950 (xlvi of 1950), i do hereby empower you, or the officer on whom your command may devolve during your absence not under the rank of field officer, from time to ..... officer not being under the rank of a field officer commanding the bengal area. this warrant was issued in pursuance of the provisions of the army act, 1950 and the chief of the army staff empowered the officer not being under the rank of the field officer commanding the bengal area or the officer on whom such officer's command .....

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

Court : Supreme Court of India

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

..... to the rival contentions as advanced before this court, it would be worthwhile to 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 :-69. civil offences - subject to the provisions of ..... section 70, any person subject to this act who at any place in or beyond india, commits any civil offence, shall ..... and 900 grams of opium at patiala on 28th december, 1991. the charge-sheet, however, is stated to be, as noticed above, issued under section 69 of the army act by one shri s.d. singh, colonel/commanding officer 64th cavalry and it is this charge-sheet which has ben directed by the general officer commanding, .....

P. Chandra Mouli Etc. and ors. Vs. Union of India (Uoi)

Court : Guwahati

..... the ministry of shipping and transport. by notification no. sro-329, dt 23-9-60 issued in exercise of powers conferred by section 4(i) of the army act, 1950 (the act for short), the central government applied provisions of the act with the exceptions shown in schedule 'a' and subject to modifications mentioned in 'sch. 'b' of the notification, to ..... khatri submits if that was the understanding of the ministry of defence itself, the court should endorse this view.7. this para rends:section 5 enables the provisions of the indian army act to be applied to any force (of military police for instance) raised and maintained in india by the government of that country but which ..... bear in mind the previous state of law for the purpose of ascertaining the intention of the legislature. section 4 of the act is analogous to section 5 of the indian army act, 1911. whose provisions were understood by the defence ministry itself, submits shri khatri, to have laid down that the function of the commander-in .....

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

Court : Supreme Court of India

Reported in : 2008(5)ALLMR(SC)992; 2008(3)JKJ5[SC]; JT2008(13)SC605; (2008)6MLJ684(SC); 2008(10)SCALE184; (2008)9SCC161; 2009(1)SLJ496(SC); 2008AIRSCW6518

order for the assembly of ageneral court martial under army act orders by ic-5095p major general k. mahipat sinhji officiating general officer commanding 16 corps. place: field date:15 december, 1981.no. 3973649a sepoy the details of officers mentionedbachan singh ..... ad-jutant general forofficiating general officer commanding16 corpsthe charge sheet reads as under:charge sheet the accused no. 3973649a sep bachan singh, 2nd batallion the dogra regiment is charged with:army act an act prejudicial to good

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....