Judgment Search Results Home > Cases Phrase: army act 1950 section 116 summary court martial Page 5 of about 10,253 results (0.201 seconds)

Mahabir Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 1977CriLJ1534

..... shall be deemed to have been done or taken ... ... ... ... the army act, 1950, as amended by this act, as if this act had come into force on ..... also not been framed. the amendment act was preceded by the air force and army laws (amendment) ordinance and the said ordinance came into force on 25-1-1975. section 4(1) of the amendment act repealed the ordinance but section 4(2) provided thatnotwithstanding such repeal, anything done or any action taken under the air force act, 1950 or the army act, 1950 as amended by the said ordinance .....

Sep. Satgur Singh Vs. Union of India

Court : Supreme Court of India

..... 1 aft13)4) 5) (d) u/s 39(b) of army act (e) u/s 63 of army act (f) u/s 39(b) of army act (g) u/s 63 of army act 07 days ri on 02.11.2000 02 days ri on 15.11.2000 05 days ri on ..... year 2004. the details of his punishments seven times are as under: (a) u/s 39(a) of army act (b) u/s 51 of army act (c) u/s 39(a) of army act 21 days ri on 02.09.1995 28 days ri on 07.09.1995 21 days ri on 04.08.1998 ..... family circumstance. thus, he has been given adequate opportunity to put his defence. therefore, the parameters laid down in para 5(a) of the army instructions dated december 28, 1988 stand satisfied. in reply to the show-cause notice, the appellant has not given any explanation of his absence from ..... , therefore, he be discharged from service. learned counsel for the appellant relied upon judgment of this court in veerendra kumar dubey v. chief of army staff & ors.2 wherein, it has been held that the red ink entries by itself would not be sufficient to discharge any person, but .....

Varghese Vs. State of Kerala

Court : Kerala

Reported in : 2005(2)KLT802

..... bailable offence, when the accused is brought or has appeared before the magistrate.6. section 70 of the army act, 1950, in short 'the army act', lays down that if a person subject to the army act commits an offence of murder, against a person not subject to the army act, that person shall not be tried by a court martial, unless he committed the ..... while in active service, or at any place outside india, or at a frontier post as notified by the government in this behalf.7. sections 125 and 126 of the army act are dealing with the situations where both the criminal court and court martial have got jurisdiction in respect of an offence and the procedure that ..... thereafter. in the case at hand, the offence had taken place not against any person subject to the army act, and the first accused, petitioner, is also not covered by any of the conditions contained under section 70 of the army act. therefore, under the available facts of the case, the magistrate can proceed against the accused, as per .....

A. Chandra Babu Naidu Vs. the General Officer Commanding-in-chief

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... 7 days pay fine imposed by the competent authority, then he would have applied for leave declining to accept any further duty like sentry duty. under section 64(c) of army act, if a personnel attempts to commit suicide due to mental illness or stress and strain, he will not be relieved off from the punishment. the defence ..... take an extreme step of committing the offence of attempting to commit suicide. but, in our considered view, the reason for committing an offence under section 64(c) of the army act ie., attempting to commit suicide is not a point to be considered to set aside the impugned order. the only valuable ground of defence the ..... on behalf of the applicant/appellant would focus the attention of this tribunal contending that the punishment awarded to the applicant/appellant for an offence under section 64(c) of the army act is disproportionate and without considering the mental status of the accused, the extreme penalty has been awarded to the applicant/appellant and the same is .....

Lt. Col. S.S. Chahal Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... is prescribed only under the administrative instructions which cannot be taken into consideration. the respondents did not move against the petitioner under section 19 of the army act, 1950 read with rule 14 of the army rules 1954. the 1978 instructions had not contained any provision to place a d.v. ban, if action is contemplated under ..... 7 contracts valued at rs. 44 lacs (approximately) and issued supply orders worth over rs. 7 lacs. for this, the petitioner was tried under army act section 63 for 'an act prejudicial to good order and military discipline'. in the second charge, it was stated that ' he at chandigarh, on 1.10.1985, while performing ..... respondents from taking administrative action on the same allegations. the respondents had, therefore, decided to initiate proceedings against the petitioner under section 19 of the army act, read with rule 14 of the army act, much before, the dv ban had been imposed against the petitioner. therefore, even if the petitioner had been put in the .....

Madan Lal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : (2002)10SCC185

..... has the jurisdiction to try a person who commits an offence has to be adjudged from the provisions of the army act itself and not with reference to the criminal procedure code. a bare reading of section 70 of the army act makes it crystal clear that a person who commits an offence of murder against a person not subject to military, ..... that the court martial had no jurisdiction to try inasmuch as the appellant was charged with the offence of attempting to commit rape and section 70 of the army act excludes the same from the purview of the court martial. the high court in the impugned judgment did consider the aforesaid question and interpreting ..... proceeding of court martial under the provisions of the army act, 1950 whereunder he has been found guilty and has been sentenced to imprisonment for 2 years and has also been dismissed from service. the appellant after exhausting the remedies available to him under the provisions of the army act moved the high court under article 226 of the .....

Union of India and ors. Vs. Bodupalli Gopalaswami.

Court : Supreme Court of India

..... relied upon the decision of the delhi high court in brig. a. k. malhotra. in the said decision, the delhi high court held that under section 71 of the army act, 1950 (`act' for short), forfeiture of pension was provided as a measure of punishment for offences tried by the court martial and if the court martial did not ..... a charge-sheet dated 30.12.1992 containing the following charges : first charge such an offence as is mentioend in clause (f) of section 52 army act of the army act with intent to defraud, section 52(f) in that he, at ambala cantonment, on 14 feb.1990, while commanding 27 company supply (asc), being contract operating officer for ..... march, 1990, consequently no animals were held in reserve in the said butchery during that period. fifth charge an omission prejudicial to good order and military army act discipline, section 63 in that he, at ambala cantonment, between 15th january 1990 and march 1990, while officer commanding 27 company supply (asc) and responsible for overall .....

Colonel Lecky Vs. Bank of Upper India, Ltd.

Court : Allahabad

Reported in : 9Ind.Cas.1023

..... deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the ..... a decree for the realization of such future and unascertained sums against any of the defendants.12. there remains the second objection. the army act 1881 (statute 44 and 45 vict. ch. 58 in section 135 enacted that the pay of an officer of her majesty's regular forces shall be paid without any deduction other than the ..... 14. instalments so directed would be authorized deductions in the sense of the words used in section 136 and to order such instalments would be within the jurisdiction of the subordinate judge. but in 1895, the army (annual) act 1895 repealed section 151 of the army act (44 and 45 vict. c. 58) and to direct in india any deduction from .....

Sunil Kumar P.S. Naik (Operator), Field Regiment Vs. the Union of Indi ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... automatically in causing reduction to ranks by operation of law. therefore, there was no justification to impose both the punishments together. 9. it is true that according to army act section 71(e) and (f), dismissal from service and reduction to ranks are two different punishments. but,when in a given case, the only punishment of dismissal from ..... and its effect, that, the said statement had been used as an evidence against him, which is in contravention to the provisions of cr.p.c; that, army act sec.46(a) has been misinterpreted and digressed in order to make the petitioner a scapegoat; that, he was not given a proper chance to defend his case; that ..... specific order is required in such matters. but, where the summary court martial decided to impose both the punishments as per army act section 71 (e) and 71 (f), there was no question of any application of army act section 77. 10. we have to see whether both the punishments of dismissal from service and reduction to ranks could be imposed .....

Pritam Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 1980CriLJ296

..... , ministry of defence gazette notification no. 17-e dated 5 sept. 1977 is reproduced below:sro 17-e. in exercise of the powers conferred by section 9 of the army act 1950 (46 of 1950) and in supersession of the notification of the government of india in the ministry of defence, sro 6-e dated the 28th november, 1962, the ..... central government hereby declares that all persons subject to that act who are not on active service under clause (1) of section 3 thereof 'shall, while serving in ..... murder of a person not subject to the army act it further is not controverted that under section 69 of the army act, any person subject to the army act, who commits any civil offence, shall be deemed to be guilty of an offence, against the army act and if charged therewith under section 69 of the -army act, shall be liable to be tried by a .....