Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Court: delhi Page 6 of about 85 results (0.170 seconds)

Brig. (Retd.) R.P. Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... constantly changed his statement and cannot be relied upon. as such, we hold that the second charge as not proved. 23. the third charge is under section 63 of army act states that he as commander, 35 infantry brigade, improperly allowed occupation of rent free government accommodation by naik tupper singh (retired). he failed to initiate ..... construed that the accommodation was allotted to rifleman satish kumar rana and therefore, the first charge is not proved. 20. the second charge is under section 45 of army act with regard to unbecoming conduct in which he improperly produced a letter dated 16th may, 1999 written by col. j.p. anklesaria knowing fully that ..... is alleged that the petitioner in an improper manner allotted one family living quarter to rifleman satish kumar rana. the first charge against the petitioner under section 60 of army act is with regard to making a false statement knowing to be false. this charge states that rifleman satish kumar son of naik tupper singh (retired) .....

Ex-swr Girdhari Lal Yadav Vs. Union of India and ors.

Court : Delhi

..... the 2 armd bde combined offrs mess guard, quitted the said guard without leave. 3. aggrieved by the said order of punishment, the petitioner had filed an appeal under section 164 of the army act and vide order dated 27.04.1993 the same was rejected. the petitioner, thereafter, had filed a writ petition bearing w.p.(c) no.4446/1996 which was ..... 2 armd bde combined offrs mess guard, broke into the house of ic-16786f maj pjs sandhu of the same regt in the search of plunder. charge under section 36(d) of the army act without orders from his superior officer leaves his guard in that he, at c/o 56 apo on night 26/27 july 83 between 2220 hrs and 0030 ..... period of four months in civil custody and was ordered to be dismissed from service. the charges which were framed against the petitioner are as under: charge under section 36(b) of the army act breaking into a house in search of plunder in that he, at c/o 56 apo on night 26 july 83 between 2220 h and 2230 h, while .....

Ex. Sigmn Surendra Bahadur Singh Vs. the Chief of the Army Staff and O ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... and imposing sentences of rigorous imprisonment for nine months and dismissal from service was sought to be called in question by way of statutory complaint under section 164(2) of the army act,1950.highlighting the fact that, the complaint, submitted on 03.02.2008,had remained undecided even after expiry of the period of one month, as prescribed ..... on 21.03.2007,he was tried and convicted on his plea of guilty by a scm in respect of the following charges:- first charge (offence under section 36(d) of the army act,1950) leaving his post without orders from his superior - in that he, at dehradun, between 0400 hrs and 0600 hrs on 17 dec 2006, when on ..... her hand and catching her by trousers (salwar) intending thereby to outrage her modesty. third charge(offence under section 69 of the army act,1950) committing a civil offence, that is to say, wrongful confinement of a person, contrary to section 342 of the indian penal code in that he, at dehradun, on 17 dec 2006, wrongfully confined sh laxman .....

Subhash Juneja Vs. Union of India

Court : Delhi

Reported in : 1996IIAD(Delhi)636; 62(1996)DLT167; 1996(37)DRJ253

..... validity of the order dated 3.3.1980 on the ground of the same being not in conformity with the provisions of the army act including the provisions of section 18 of the army act read with army rules 14 and 15. the further grounds of challenge were in respect of violation of the principles of natural justice in passing the ..... malafide. the division bench of this court on 21.4.1980 dismissed the aforesaid writ petition by recording the following order: 'dismissal from service is under section 18 of the army act which is complimentary to article 310 of the constitution. this means that the officer held the tenure during the pleasure of the president. it has been ..... in this writ petition, the petitioner has challenged his order of dismissal dated 11.1.1980 passed by the government of india invoking the provisions of section 18 of the army act. the petitioner filed a writ petition challenging the validity of the aforesaid order of dismissal dated 21.1.1980 which was registered and numbered as c. .....

Col S.K. JaIn Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... not followed the standing instructions as regards the disposal of surplus/old arms and ammunition. we quash the charge under section 69 of the army act and substituted it with charge under section 63 of the army act i.e. failing to obey standing orders in maintaining good order and discipline. 62. our opinion has further strengthened ..... surplus/old ammunition. therefore, we are of this opinion that instead of charging the delinquent under sections 3 and 25b of the arms act and under section 69 of the army act, the charge should be under section 63 of the army act, in that he failed to take action as per standing instructions for disposal of old and ..... ammunition without any authority:-description of ammunitionlot no.qty7.62 mm slr8096 ofv04 rounds8092 ofv01 rounds9 mmzz 16 kf03 rounds(c) third charge: under section 63 of the army act an act prejudicial to good order and military discipline for being in possession of cash amounting to rs.28,000/- without any satisfactory explanation . in .....

Lt Col R.K Rudra Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... animals for issue as troops rations, caused 13 dead animals to be buried with intention of screening the said meat contractor from legal punishment. third charge army act section 69 (against accused no.1 only) an omission prejudicial to good ordler and military discipline in that he, at alwar, on 08 apr 94, while commanding 469 ..... condition for the supply of meat dressed, in consequence of which no animals were branded and segregated 12 hours before the slaughter timings. eighth charge army act section 63 (against accused no.1 only) an omission prejudicial to good order and military discipline in that he, at alwar, while commanding 469 company ..... finally resulted in six charges being framed against the appellant as under: first charge army act section 52(f) read with section 34 of the indian penal code (against all the accused persons) such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud in that they together, at alwar, on 23 apr 94 .....

Colonel Harvinder Singh Kohli Versus the Union of India Through the Se ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... breech loading rifles, four single barrel breech loading rifles, 250 grams of gun powder, lead pellets and incriminating documents. well knowing the said statement to be false. fourth charge army act section 57 (a) (against accused no.1 only) in a document signed by him knowingly making a false statement in that he, at field, on 12 september 2003, ..... personnel with the elements of assam c ommando group on night 17/18 august 2003, well knowing that no such encounter had in actual fact taken place. third charge army act section 57(a) (against accused no.1 only) in a document signed by him knowingly making a false statement in that he, at field, on 12 september 2003, ..... both of them. in the process, he got bullet shots on his bullet proof jacket. well knowing the said statement to be false. sixth charge army act section 63 (against accused no.1) an act prejudicial to good order and military discipline in that he, at field, between 15 november and 15 december 2003, while in the capacity as afore .....

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

..... for the petitioner has pointed out that the itbpf act, 1992 has borrowed these expressions from section 87 of the army act, 1950. these expressions used in the army act have been explained in the manual of indian military law. we find that section 59 of the itbpf act, 1992 is para materia with section 87 of the army act, 1950. section 87 of the army act enables a superior military officer to conduct a review ..... of the punishment awarded under sections 83, 84 and 85 of .....

Satyaveer Singh (No. 14391055-k, Ex Gunner) Versus Union of India and ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... appellant had rejoined the unit voluntarily on 17.10.1994. on conclusion of the sketchy summary of evidence, a charge sheet under army act section 39 was issued against the appellant on 12.11.1994, which reads as follows: army act section 39(b) without sufficient cause over staying leave granted to him in that he, at field having been granted leave of absence ..... the sentence ranged from 14 days confinement to lines to imprisonment upto two months. the details are shown below: army act date punishment awarded a) b) c) d) e) aa sec. 39(a) aa sec. 39(a) aa sec. 39(a) aa sec. 39(b) aa sec. 39(b) 06/10/1992 03/12/1992 22/12/1992 24/05/1993 27/12/1993 14 days ..... court and on the original page b, the signatures of the appellant are appended below the statement that the accused having pleaded guilty to the said charge, the provisions of army rule 115(2) are hereby complied with . 8. no irregularity or illegality has been indicated which vitiates the trial. keeping in view the above facts, we do not .....

Directorate of Enforcement vs.abdullah Ali Balsharaf & Ors.

Court : Delhi

..... ) 18. in ajmer singh & ors. vs. union of india & ors. reported as (1987) 3 scc340 dealing with applicability of section 428 of the crpc to a general court martial under the army act 1950 (army act), the supreme court has held that since section 167 of the army act specifically says that the period of sentence shall be reckoned from the day on which the original proceedings are signed ..... by the presiding officer/court-martial, the benefit of set-off of the period of detention undergone by an accused during investigation, enquiry or trial under section 428 of .....