Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Page 1 of about 968 results (0.226 seconds)

Sulakhan Singh Vs. Union of India and ors.

Court : Delhi

Reported in : 1987(12)DRJ297

..... of the possible illegality in the address of judge advocate general while making submissions before the court martial. (4) coming to the first point, it will noticed that sections 125 and 126 of the army act, 1950 provide as under :- '125.choice between criminal court and court-martial :-when a criminal court and a court martial have each jurisdiction in respect of an offence ..... in his power or under his control, shall deliver him together with the statement referred to in sub-section (4) of section 475 of the said code to the officer specified in the said sub-section.' (7) it will be noticed that section 125 of the army act, 1950 gives choice of forum of trial. if a person serving in the defense service, the choice is of .....

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Reported in : (2007)4MLJ140

..... 2. the case against the petitioner was taken by the second respondent general court martial [for short, 'gcm'] exercising option under section 125 of the army act, 1950, which reads as under:section 125. choice between criminal court and court-martialwhen a criminal court and a court-martial have each jurisdiction in respect of an offence ..... , it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person ..... same must be given. the learned counsel drew the attention of the relevant provisions of the army act and particularly, to section 135 of the army act as well as rules 34, 136 and 137 of the army rules, which read as follows:section 135. summoning witnesses(1) the convening officer, the presiding officer of a court-martial, .....

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Reported in : 1976CriLJ796

..... court before which the proceedings are to be instituted for the determination of the central government, whose order in such reference shall be final.8. under section 127 of the army act 1950.-a person convicted or acquitted by a court martial may, with the previous sanction of the central government, be tried again by a criminal court ..... charges framed by the special judge against the accused could no survive. it was further held in that case that section 549 (1), cr.p.c. should be construed in the light of section 125 of the army act, 1950. their lordships observed, 'both the provisions toeve in mind the object of avoiding a collision between the ordinary criminal ..... is concerned. it is an undisputed fact that the provisions of section 549 (1), cr.p.c. and the rules framed thereunder and also section 125 of the army act, 1950, were not complied with, mr. ghose argued that in view of the provision of section 122 of the army act which provides for a period of limitation of three years, only .....

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1984)1GLR429

..... - any person subject to this act who commits any of the following offences, that is to say-(a) begins, incites, causes, or conspires, with ..... satisfied that the provisions of the army act and the rules are properly followed. now so far as article 20 is concerned, clauses (2) & (3) do not apply and they are not pressed into service. now they are charged for committing the offences under sections 37(b) & 40(a) of the army act, 1950. section 37 reads as under:37. mutiny ..... was thought that what is required to be challenged is the army act itself and the challenge is that sections 124 & 125 of the army act are unconstitutional and so also rule-61. now section 124 of the army act, 1950 reads as under:124. place of trial - any person subject to this act who commits any offence against it may be tried and .....

Ramesh Chandra Mohanty Vs. State

Court : Orissa

Reported in : 2000(II)OLR603

..... . a short point of law has been raised before this court. attention of the court has been drawn to section 69 of the army act, 1950. it is provided that 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 be deemed to be guilty of an ..... detained in military custody.3. in view of the section 475 of the code of criminal procedure there is scope for delivery to commanding officers of persons liable to be tried by court-martial. it envisages that the central government may make rules consistent with this code and the army act, 1950 and any other law, relating to the armed forces ..... offence against this act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, .....

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

..... and a fresh court martial was not available to be constituted as a reference thereto was barred by limitation. the court martial was, therefore, dissolved under section 117 of the army act, 1950, (referred to hereinafter as 'the act') and the respondent was handed over to the civil authorities for being tried by a regular criminal court. in these circumstances, this court dismissed the aforesaid ..... the relevant provisions of the act.9. the army act, (referred to as 'the act' as aforestated) was enacted in 1950 to consolidate and amend the law relating to the government of the regular army. under the act, there are certain offences which are peculiar to the army and which are triable by court martial alone. under clause (xvii) of section 3 (definition section) of the act, the word 'offence' is .....

Harpreet Singh and Others Vs. State of Delhi

Court : Delhi

..... the factual matrix and the merits of the appeals, it will be appropriate if we examine and decide the legal contention raised by harpreet relying upon sections 69 and 70 of the army act, 1950 (army act, for short) read with criminal courts and court martial (adjustment of jurisdiction) rules, 1978 (rules, for short). in order to appreciate the controversy ..... of defence notification no. s.r.0.17-e dated 5 sep. 1977) s.r.o 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, no. sro 6-e, dated the 28th november 1962 ..... , we deem it appropriate to reproduce sections 3(i), 69, 70, 125 and 126 of the army act and section 475 of the code of criminal procedure, 1973 (cr.p.c., for short): army act, 1950 3. definitions. in this act, unless the context otherwise requires, (i) active service, as applied to a person .....

Captian Vinod Kumar Vs. State of Jandk;

Court : Jammu and Kashmir

..... that the entire trial be abandoned and stopped.18. mr. slathia in his wisdom has made an attempt to give this case a different complexion in terms of section 122 of the army act, 1950 wherein the maximum period prescribed in giving the consent by the authority is three years stating that in the present case, after the earlier consent held to be bad ..... that the trial needs to be stopped and abandoned.27. we have also examined the present case in terms of section 122 of the army act, 1950, which deals with period of limitation for trial by court-martial of any person subject to the army act in which the maximum period is prescribed as three years, as mr. slathia has made an attempt to take advantage .....

Lt. Col. U.G. Menon and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1969Raj115

..... order the military authority could not haveisisted that the additional special judge was to deliver the accused to such authority for their trial by court-martial.7. section 125 of the army act, 1950, is in the terms following :--'when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the ..... take such a decision, was the officer commanding of the a. s, c., centre, alwar. it was also pointed out by the public prosecutor that under section 122 of the army act, 1950, the limitation of three years prescribed for the trial by court-martial had expired with the close of the year 1966. it was also asserted by the public ..... no difference of opinion between the view of the court and the army authority on the venue of the trial.9. it may also be pointed out that according to section 122 of the army act, 1950, no trial by court-martial of any military personnel subject to the act, for any offence shall be commenced after the expiration of a period .....

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 .....