Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Page 13 of about 968 results (0.327 seconds)

Ex Maj Yr Sharma Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... , details of which are given in column (d) of annexure iv, thereby causing loss to the government to the tune of rs.31,240/-. the sixth charge is under army act section 63, which is an alternative charge to fifth charge. charge no. 7 alleges that the appellant did not take action to credit the stores in the ledger, details of which ..... no.rao/mes/audit objs 4/01 to 3/02 amc dated 1.7.2003. a request was also made therein to make a preliminary investigation. in this letter, army act section 122 was also referred to. it does not contain the name of the appellant though involvements of retd/posted out officers were shown. again as per the letter dated 23 ..... the period june 2001 and november 2001 to may 2002. after audit objection, the court martial was convened only on 23.9.2005. it is, therefore, barred by limitation under army act section 122. in this regard, the letter dated 10.10.2003 sent by hq centre and school, lucknow to hqs central command (dv branch), lucknow-2 was referred to stating .....

Shri Suryakant @ Bandu Ranoji Andekar Vs. the State of Maharashtra, Th ...

Court : Mumbai

Reported in : 2005CriLJ4478

..... 'section 433-a would operate in the field and a prisoner who is undergoing sentence of imprisonment for life and is ..... case where the person undergoes the imprisonment under the army act, is totally devoid of substance. undisputedly, the apex court in the said case was dealing with the matter wherein the concerned person was undergoing life imprisonment pursuant to the conviction under sec. 302 of the i.p.c. read with sec. 69 of the army act, 1950. nevertheless, the apex court therein has clearly held that .....

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Reported in : (2009)6MLJ269

..... supreme court again in r. viswan v. union of india : air 1983 sc 658 wherein the qeustion was whether section 21 of the army act, 1950 r/w chapter iv of the army rules 1954 is within the scope and ambit of article 33 of the constitution of india and whether central government notifications ..... act. section 124(j) of the tamil nadu district municipalities act which gives exemption from payment of profession tax reads as follows:124.j. exemptions.- nothing contained in this chapter shall apply to (a)the members of the armed forces of the union serving in any part of this state to whom the provisions of the army act, 1950 (central act xlv of 1950), the air force act, 1950 (central act ..... maintenance of discipline among them.in enacting the army act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the .....

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1972MPLJ449

..... the discussion aforesaid, i would allow the present petition with costs and would quash the impugned order imposing punishment on the petitioner for violation of section 41(2) of the army act, 1950. as the petitioner did not commit any offence whatsoever, there would be no question of any retrial. therefore, after quashing the said order ..... the investigation before the court of inquiry could never form the subject-matter of a command, much less a lawful command, as envisaged by section 41(2) of the army act, 1950. therefore, with due respect to the learned members constituting the general court-martial, 1 would stress that as the petitioner's presence or otherwise ..... said order and whether it would amount to a lawful command, as contemplated by section 41 of the army act. it may be relevant to reproduce section 41(2) of the army act, 1950, which is asfollows:section 41(1)...(2).-any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by .....

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

..... the petitioner, which is explicitly clear on a bare reading of section 2 of the army act read with note-4 appended thereto. in support of the aforesaid contention, the counsel also referred to the provisions of section 5 of the indian reserve forces act, 1950 and the indian reserve forces rules, 1955.8. in the light ..... of the aforesaid submissions, we have carefully perused the records, which were placed before us and also the relevant provisions of the law which were referred to by the counsel appearing for thee parties. the provisions of section 2(1)(c) and section 2(2) of the army act ..... was issued, which was served on the petitioner. thereforee, the submissions of the counsel for the petitioner that the provisions of the army act, particularly section 20(3) of the army act are not applicable to the petitioner and that exemption from training is accepted under defense service regulations, are found to be without any merit .....

Roop Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2006(4)Raj3323

..... aggrieved by the punishment awarded to them in court martial proceeding. they also seek to challenge the validity of the provisions relating to summary court martial under the army act, 1950 and the army rules, 1954. as vires has been challenged in all the petitions, they were heard together.2. in writ petition no. 2490/1987 petitioner roop singh was ..... after going through the papers supplied to him, he admitted his guilt which was recorded. he was declared deserter and held guilty of the charge under section 38(1) of the army act and dismissed from service on 8.4.1993. he preferred appeal which was rejected on 26.7.1994.5. in writ petition no. 6134/1994, ..... court cannot go into the nature and extent of punishment and substitute another punishment for the punishment awarded by the authorities. counsel pointed out that in terms of section 71 of the army act dismissal is a lesser punishment and referred to union of india v. r.k. sharma : air2001sc3053 , in this regard.45. we find substance in .....

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... . the moment offence under the narcotic drugs and psychotropic substances act, 1985 is committed by member of armed force and he is tried under section 69 of army act, 1950, the relevant provisions of the narcotic drugs and psychotropic substances act, 1985 relating to offence for which the army personnel is tried would be incorporated in the army act, 1950. section 69 is a legislative device by which all civil offences ..... part of india. therefore any offences triable by any court of ordinary criminal justice will be a civil offence for the purpose of the army act, 1950. by virtue of section 69 any person, subject to army act, 1950, that is to whom the act applies commits any civil offence at any place in or beyond india, shall be deemed to be guilty of an offence against the .....

Jay Shiv Kushwaha Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2002(3)AWC1969; (2002)3UPLBEC2098

..... centre. hyderabad. when the petitioner re-joined on 12th november, 2001, after being absent for 53 days; 10 days rigorous imprisonment under section 39(a) of the army act, 1950 (hereinafter referred to as army act) was awarded to the petitioner. the petitioner was discharged from service with effect from 22nd march, 2001 under rule 13 (3) item ..... consideration in the present writ petition : (a) whether when a person has already been punished and awarded a sentence for an act which is an offence under section 39 of the army act, on same act can he be also discharged? (b) whether the principle of double jeopardy as enshrined under article 20(2) of the ..... the counsel for the petitioner made following submissions in support of the writ petition : (i) the petitioner was awarded 10 days rigorous imprisonment under section 39(a) of army act for his offence of being absent without leave. the subsequent discharge of the petitioner on same ground is impermissible and amounts to violation of protection .....

Naik P.Baskaran Versus Secretary to Govt. of India, Ministry of Defenc ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... in violation of the part i order no.124/955/93 dated 5th january 1993 of 24 wireless experimental unit. the applicant was, therefore, tried summarily under army act sec. 39(d) and awarded severe reprimand by commanding officer 24 wireless experimental unit on 8th june, 1993. the applicant had again become a disciplinary case on ..... reprimand and 14 days pay fine under army act sec 39(d)by commanding officer 24 wireless experimental unit. the applicant had subsequently been tried under :- (i) army act sec 39(a) on 10 feb 2000 and awarded severe reprimand; (ii) army act sec 39(a) on 30 april 2001 and awarded severe reprimand; and (iii) army act sec 63 on 17 may 2001 and awarded ..... lu peace the applicant has been awarded the following punishment during 14 years of service : sl. no. date of award army act section offence in general punishment awarded punished by a) 08.06.93 aa sec. without sufficient severe 24 weu 39(d) cause failing to appear at the time fixed, at the place appointed for duty .....

Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(1)ESC255

..... the petitioner and copy of that letter was also sent to the wife of the petitioner under section 105 of the army act, 1950. section 105 of the army act is quoted below :'105. capture of deserters--(1) whenever any person subject to this act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall ..... without leave for more than 30 days. thereafter, the petitioner was declared as a deserter vide order dated 20.6.1996. section 106 of the army act, 1950 deals with capture of deserters and inquiry into absence without leave. section 106 is quoted as below :'106. inquiry into absence without leave--(1) whenever any person subject to this ..... act has been absent from his duty without due authority for a period of thirty days a court of inquiry shall, as .....