Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Court: delhi Page 1 of about 85 results (0.131 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 .....

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 .....

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 .....

Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2002(64)DRJ379

..... that in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... detention as done by the hon'ble supreme court in bhim singh's case.(c) issue writ order or direction of appropriate nature striking down the provisions of section 153, 154 and 160 of the army act 1950.(c-1) issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10.1996 invoking ..... offence, the trial is not vitiated. it was held:'8. the next point which was unsuccessfully urged before the high court was in the context of section 122 of the army act of 1950 which prescribes a period of limitation of three years. the high court did not accede to the submission in this behalf having regard to the law enunciated .....

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 55(1994)DLT217; 1994(30)DRJ178

..... discipline among them.' 30. the parliament enacted the army act 1950 to consolidate and amend the law relating to governing of the regular army. the conditions of service of defense personnel is governed by the army act 1950 under chapter iv. section 18 of the army act governs the tenure of service under the army act and it stipulates that every person subject to army act shall hold office during the pleasure of the ..... president. this section reiterates the constitutional position set out in article 310 of the constitution. section 21 of the army act provides for power to modify certain fundamental .....

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

..... civil police authorities for a period of 2 years with the intention to drag the period beyond 3 years as per section 123 of army act 1950. it is stated that provisions of sections 123 of the army act were invoked against the petitioner vide asc centre north vide letter no.pc-1102/2/gs/conf dated 29.9.95. the petitioner did ..... not receive the registered letter sent to him. subsequent apprehension by the army authorities for a period from 28.9.95 to 21. ..... petitioner on 3.12.94. in fact in para-4 there is a reference to section 123(1) of the army act and, thereforee, paras 3 to 5 deal with the contention regarding section 123 of the army act and not section 122 of the army act. thus provisions of section 122 clearly become applicable in the instant case inasmuch as the alleged offence is of .....

Col Shekhar Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... upon by irrelevant considerations and merely on inferences; the culpability of the appellant was fixed. before we proceed to discuss the evidence on the charge under army act section 52(f), for which the appellant was held guilty, it may be mentioned that it is the settled canon of criminal jurisprudence that conviction cannot be ..... meat dressed and chicken, with intent to cause wrongful gain to shri ch shankarnarayan, the egg contractor. the gcm found the appellant guilty of the charges under army act section 52(f) and sentenced him to be dismissed from service. since both his pre and post confirmation petitions were rejected, he has come up in appeal. 5 ..... to the evidence on record and are pre-conceived. the findings suffer from non-compliance of the statutory provisions. the trial is barred by limitation under army act section 122. the charge against the appellant is mainly dependent upon the report of the technical officer who was associated with the court of inquiry. the technical .....

Lt Col Gurdev Singh Vs. the Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... of officers before proceeding to make the local purchases and there is nothing to point out to dis-credit the testimony of this witness.charge no.9 : ninethcharge army act section 63an omission prejudicial to good order and military discipline,in that he,at roorkee, between 04 apr 94 and 20 apr 94, while commanding 297 company asc (supply ..... aforesaid asc articles were purchased, had not been approved by the station commander roorkee prior to the said purchases.third charge army act section 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,at roorkee, between 01 july 93 and 23 mar 94, while commanding 297 ..... 4. in this backdrop the evidence and other materials have been evaluated charge wise.charge no. 1 and 3 first charge army act section 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,at roorkee, between 26 oct 93 and 07 may 94, while commanding 297 company .....

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT202

..... in which an scm can be convened rather than a general courts martial (gcm) or district courts martial (dcm) or summary general courts martial (sgcm) as envisaged in section 108 of the army act, 1950 (army act for short).2. in cwp 2511/1992 the petitioner, ex. l nk vishav priya singh, has alleged that he had made complaint against the co, 19th batallion mahar regiment ..... the judge advocate....24. per contra respondent 1 in his affidavit has submitted that the notes under the sections and rules as are found under various provisions of law compiled by the army authorities in the manual of military law do not form part of the army act, 1950 and army rules, 1954. the rules of 1954 are stated to have been borrowed from the indian .....