Judgment Search Results Home > Cases Phrase: army act 1950 section 116 summary court martial Page 26 of about 10,253 results (0.190 seconds)

Union of India and Anr. Vs. Purushottam

Court : Supreme Court of India

..... scc412 for the reason that in the facts obtaining in that case the finding of the court martial was not confirmed which brought into play section 153 of the army act, 1950 which ordains that no finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it may ..... inquiry and directed disciplinary action against the respondent for the aforementioned two acts. the respondent was arraigned on two counts for the two respective acts and charged with committing extortion, under section 53(a) of the army act, 1950. summary of evidence was recorded under rule 23, army rules and the respondent was tried by summary court martial (scm), ..... the court martial or criminal court shall have custody of the offender regardless of the decision of the criminal court. although section 127 of the army act stands repealed by the army (amendment) act, 1992 it did not suffer from the same vice in that the central government possessed the power to grant or desist .....

Major S.P. Chadha Vs. Chief of the Army Staff, Through Military Secret ...

Court : Punjab and Haryana

Reported in : (1990)97PLR358

..... the learned counsel for the parties and gone through the record. .10. the learned counsel for the petitioner contended that once the army authorities have exercised their discretion under section 125 of the army act and taken over the case from the ordinary criminal court they subsequently cannot send back the case to the criminal court again, for trial ..... civil authorities for ordinary trial. once it was submitted before the supreme court that the trial under the army act was not contemplated and the one in progress was dissolved, then the trial of the petitioner under the army act normally is not possible.13. the challenge to the order of suspension of the petitioner was on the ..... respondents could not show me any provision under which the case once claimed for trial from civil authorities for trial under the army act could be handed back for trial once the trial under the act was not opened or possible.12. once a decision is taken that the petitioner cannot be brought to trial under the .....

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Reported in : 2002(1)WLN252

..... as under:- 'the central government, after considering the post confirmation petition dated 7.2.1991 submitted by 1c2527 5y major virendra sharma under the provisions of section 164(2) of army act, 1950 against the finding and sentence of the general court martial convened by hq 24 inf div:, hereby reject the said petition.' (25). inspite of giving ..... has been dismissed from service, consequential orders thereto and the order dated 4.7.1991 (annex. 10-a) by which his petition under section 164(2) of the army act, 1950 (for short, 'the act') has been rejected by the central government. (2). the facts and circumstances giving rise to this case are that petitioner- the then a ..... mala fides, irregularities in resisting the order of punishment and passing of a non-speaking order by the central government on his petition made under section 164(2) of the act, 1950. but above all, his grievance has been in respect of not allowing him to examine the defence witnesses. in wake of the above, petitioner .....

Sachdev Sharma Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1964CriLJ337

..... section 3 thereof, shall, wherever they may be serving, be deemed to be on active service within the ..... or of any to be on active service within the meaning of this act.in the instant case the central government issued the notification which reads as under:-in exercise of the powers conferred by section 9 of the army act., 1950 (46 of 1950), the central governed hereby declares that all persons subject to that act, who are not on active service under clause (1) of .....

Fayaz Khan vs.union of India and Ors.

Court : Delhi

..... in the facts of the case, and the armed forces tribunal held that the petitioner should have been tried under a court martial and by resort to section 69 of the army act, it does not follow that the petitioner is entitled to claim compensation. he submits that if this proposition is accepted, then in every case where ..... and its decision was premised on purely technical question whether the chief of the army staff could have resorted to exercise of power under section 70 when the alleged offence against the petitioner should have been tried under court martial under section 69 of the army act. tribunal also did not return a finding giving a clean chit to the petitioner ..... by holding a court martial u/s 69 of the army act. the relevant extract from the said decision reads as follows: 28. in the present case, under section 69 for offence under the official secrets act could have been tried by court martial only. therefore, resorting to power under section 70 was not at all warranted. we are not .....

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Reported in : 2010(2)SCALE396

..... that the central government had also not given any reasons while dismissing the appeal of the petitioner in that case under section 165 of the army act, 1950. the court took the view that while section 162 of the army act expressly provided that the chief of army staff may for reasons based on the merits of the case, set aside the proceedings or reduce the sentence to ..... the absence of reasons would invalidate the verdict. in som datt datta v. union of india (cited supra), a contention was raised that the order of the chief of the army staff confirming the proceedings of the court martial under section 164 of the army act, 1950 was illegal since no reason had been given in support of the order by the chief of the .....

Bimla Devi Vs. Capt. G.L. Bakshi and ors.

Court : Jammu and Kashmir

Reported in : 1960CriLJ1593

..... that the order passed by the magistrate and confirmed by the sessions judge is erroneous in law. the magistrate relied upon section 125 of the army act, 1950, central act xlvi of 1950 (hereinafter referred to as the act) which reads:when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be ..... the petitioner in this criminal revision preferred a complaint to the city magistrate at srinagar against five persons enrolled under and subject to the indian army act accusing them of offences under sections 392, 448 and 506 of the ranbir p. c. which is in force in this state. after recording the statement of the complainant, ..... hand and the magistrate on the other. eventually, the magistrate held as follows:as the army authorities have undertaken to deal with the case therefore in view of section 125 of indian army act and section 69 of the jammu and kashmir army act i need not proceed with the case. the military authorities be informed of this order with .....

In the Matter Of: Ex. Rfn. Mohinder Singh Vs. Union of India and Other ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment or field punishment by an officer exercising authority under section 80 of the army act, 1950; (g) the period between dismissal, removal, discharge, release or retirement carried out in the prescribed manner by the competent authority and reinstatement ..... (e) imprisonment awarded by a criminal court, or imprisonment or field punishment awarded by a court-martial, or an officer exercising authority under section 80 of the army act, 1950; note:-in case the sentence of imprisonment or punishment is suspended, the individual will be entitled to draw full pay and allowances from the ..... to reproduce the provisions of rule 51 also, which reads as under: - 51. a person, subject to the army act, 1950, will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in section 92 of that act) of:- (a) desertion; (b) absence without leave; (c) absence as a prisoner of war; ( .....

Thomas C. Vs. the Commanding Officer and Others

Court : Kerala

..... would show that court- martial proceedings were taken against the petitioner alleging wrongful loss and wrongful excess gain to the petitioner which were punishable under section 52(f) and section 63 of the army act. at the relevant time, he was working as havildar. after the court martial proceedings it was found that he was not guilty of the ..... be rejected as per ext.p4.4. counter affidavit is filed on behalf of the respondents inter alia stating that the petitioner has been charged under section 63 of the army act and he was found guilty and punished. he suffered the punishment as well.5. it is contended that the enquiry had been conducted after complying with ..... the contrary statement is not correct.6. it is further contended that the reduction in rank was made in terms of section 77 and 181 of the army act, the imprisonment was given under section 63 of the act and the recovery was made to regularise the misappropriation.7. however, it is stated in paragraph 15 of the counter affidavit .....

Atal Bihari Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ53

..... similarly the order of original authority like, the g.c.m merges with the order of competent authority accepting or rejecting the post confirmation petition under section 164 of the army act. there can be no doubt that where such remedy is provided by the statute, a post-confirmation petition partakes the character of an appeal and any ..... present case, it would first require to be examined as to what is the nature of the post-confirmation petition made by an aggrieved person under section 164 of the army act. and if it transpires that such a petition had a statutory character and was filed in exercise of a legal right, its acceptance or rejection ..... thus:article 365:- petitions against orders, findings or sentence of courts martial:(a) a person subject to the army act who considers himself aggrieved by any order, finding or sentence of a court martial has a legal right under army act section 164 to submit a petition against such order, finding or sentence. a petition may only be addressed by .....