Judgment Search Results Home > Cases Phrase: army act 1950 section 120 powers of summary courts martial Page 1 of about 1,658 results (0.197 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 .....

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

..... learned counsel appearing for the petitioner raised the main contention that the summary court martial was not competent authority under the provisions of section 120(2) of the army act, 1950. therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. in support of this submission ..... , shri dhorde, counsel for the petitioner, invited our attention to section 119 of the act which deals with the powers of district court martial and according to him the only authority empowered to impose sentence is one under section ..... be dispensed with keeping in view the urgency in regard to the discipline. non-existence of circumstances to invoke provisions of section 120 sub-section (2) of the act, in our opinion, would result in the exercise of power of a summary court martial as illegal. the impugned order, .....

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Reported in : (2004)1UPLBEC266

..... reasons for my conclusion, some of the relevant provisions of the army act and rules may be reproduced below:--the army, 1950--'section 120. powers of summary courts martial.--(1) subject to the provisions of sub-section (2), a summary court martial may try any offence punishable under this act.(2) where there is no grave reason for immediate action and ..... for but supplied to the petitioner for the first time alongwith the order dated 10.4.1993, that is after the decision on the petition under section 165 of the army act. thus, it is established from the record that the copy of the proceedings were not supplied to the petitioner within a reasonable time as required ..... the commandant had been taken before the commencement of the summary court martial on 10.3.1992 and thus, the proceedings were in accordance with section 120(2) of the army act read with para 459 of the regulations; and that adequate opportunity was afforded to the petitioner and he was given opportunity to cross-examine the .....

Randhir Singh Vs. Union of India

Court : Supreme Court of India

..... on the part of the spouse of the victim. 6 on the question of law, it was urged that having due regard to the provisions of section 120 of the army act 1950 and the decision of this court in ex havildar ratan singh vs union of india & ors3 and in union of india and others vs vishav priya singh4 ..... on which the submissions of the appellant would be worthy of acceptance. 9 section 120 of the army act, 1950 provides as follows: 120. powers of summary courts- martial. (1) subject to the provisions of sub- section (2), a summary court- martial may try any offence punishable under this act. (2) when there is no grave reason for immediate action and ..... ex-havildar ratan singh (supra). subsequently in vishav priya singh (supra), a three judge bench of this court, while interpreting section 120, has observed thus: 19. section 116 of the act empowers the co of any corps, department and detachment of the regular army to hold an scm and specifically states that he alone shall constitute the court. sub .....

Ex Sepoy Madan Prasad Vs. Union Of India

Court : Supreme Court of India

..... disproportionate to the offence, it was held thus: 6. we do not find any merit in the first submission. section 39 of the army act, 1950 is comprised in chapter vi which deals with offences . section 39 provides that on a conviction by the court martial for an offence involving absence without leave, a sentence of ..... imprisonment which may extend up to three years may be imposed. chapter vii which deals with punishments contains section 71. clause (e) of section ..... for extension of leave was rejected6. however, he did not report back immediately. on 15th february 1999, a court of inquiry was conducted under section 106 of the army act to investigate the circumstances under which the appellant had overstayed leave. the court opined that the appellant be declared a deserter with effect from 16th .....

Ramrao S/O Punjaji Rakha Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2005(2)MhLj1022

..... punished as afore-stated. the learned counsel for the petitioner has submitted that summary court martial was conducted in respect of the offence under section 39 of the army act, 1950 and punishments of rigorous imprisonment in civil prison and dismissal from service have been awarded. learned counsel for the petitioner further submitted that summary ..... rigorous imprisonment for one month in civil prison and to be dismissed from service, for an offence of absenteeism under section 39 of the army act, 1950 and as a deserter under section 106 of the said act.3. the factual matrix in this matter is as under :--the petitioner was employed as a driver with the respondent ..... punishment is permissible, and therefore, the order of dismissal is justified. in reply to this argument, the learned counsel for the petitioner submitted that under section 73 of the army act, the word 'court martial' is used and there is no wording as 'summary court martial' in the said provision, and therefore, the summary .....

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 .....

Major Gopinathan Vs. the State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382

..... no. 48 of 1950), hereinafter called 'the army act', offences have been categorised into four categories ..... army act offences, the liability of an offender committing them to be tried by a court-martial does not arise unless and until he is 'charged therewith' under the sections, i.e., unless and until formal charges contained in a charge-sheet have been drawn up.6. to appreciate the contentions a few more factsmay now be noted.under the scheme of the army act, 1950 (act ..... in an ordinary criminal court of a civil offence. in spite of the fact that the civil offence is deemed to be an army act offence under section 69 of the army act, if the contention of the learned counsel for the non-applicant be correct, it cannot be sent for trial to a court-martial .....