Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Page 14 of about 968 results (1.979 seconds)

No.143740509k Hav/Clk Surinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... . whereas gcm, dcm and sgcm are convened by the officers authorised in this regard as given in sections 109, 110 and 112 of the army act but scm is held by co as laid down in section 116 of the army act. section 116 of the army act is as under:- summary court-martial.- (1) a summary court-martial may be held by the of ..... tried by his proper co.there may be a need to elaborate this plea in the light of challenge. there are four kinds of court martial provided for under the army act. (section 108 refers).these are:- (a) general court martial (gcm for short) (b) district court martial (dcm for short) (c) summary general court martial (sgcm) (d) summary ..... examine and cross-examine the witnesses in this factual background, which could be denied to him. the petitioner was charge sheeted for an offence under section 57(e) of the army act. this section punishes a person who obtains for himself or any other person any pension, allowance or other advantage or privilege by a statement, which is false .....

S.R. Ujjankop Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR1949; 1994(3)KarLJ325

..... engineering force, the lok sahayak sena and the para military forces'.7. at annexure-b which was issued in exercise of the powers conferred under sub-section (1) & (4) of army act, 1950, which is an extract from the gazette of india reads as under:-(1) applies to the general reserve engineer force raised and maintained in india under ..... notification no. 6-e dated 28 nov.62 (army order 517/62- refers) that all persons subject to army act, shall wherever they may be serving, be deemed to be active service within the meaning of section 9 of the army act read in conjunction with clause (i) of army act section 3.2. since army act sections 3 and 9 are both applicable in the case ..... said that the members of gref answer the description of 'members of the armed forces' within the meaning of article 33 and consequently the application of section 21 of the army act to the members of gref can be said to be protected by that article and the fundamental rights of the members of gref can be said to .....

Ex Sep a Karunai Udaiyarajan Vs. Union of India, - Represented by the ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... during february, 2011, addressed to goc-in-c, southern command, and the said petition was returned to the applicant on 25.2.2011. since no petition was received under army act section-164(2) even after a period of one month, hq southern command, asked to process the case and accordingly the documents were forwarded to hq atnk and k area ..... after the rejection of the first petition, it was returned to the applicant through a letter of madras regimental centre dated 21.2.2012, since only one petition under army act section-164(2) could be filed. the applicant was granted 64 days annual leave from 6.8.2007 to 8.10.2007. the applicants case that he left home ..... on conviction, promulgation of verdict have not been followed by the summary court martial as slated in the statute (army act, 1950). he would also submit that the character of the applicant was exemplary and he was not able to rejoin army after the expiry of the leave granted to him owing to the reasons as stated in the application and .....

Charanjit Lamba Vs. Commanding Officer, Southern

Court : Supreme Court of India

..... only) from cda (q) pune on account of moving his household luggage and car to chandigarh, well knowing that he was legally not entitled to the same. second charge, army act section 45 being an officer behaving in a manner unbecoming his position and the character expected of him in that he, at pune, between 03 sep 92 and jun 93, improperly ..... against the appellant was also found to be untenable by goc m & g area as according to him the conduct of the appellant fell within the ambit of section 4e of the army act which made his behaviour unbecoming of an officer. the goc m & g area accordingly remanded the matter back to the gcm for re-consideration on the question ..... of inquiry brought up for trial before a general court martial (gcm for short) on the following two distinct charges: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 cause wrongful loss to a person in that he, at field on 30th jul 92, with intent to .....

State Vs. Ram Lakhan

Court : Jammu and Kashmir

Reported in : 1971CriLJ470

..... (1st edition) samvat. 1970, do not appear to be consistent with the army act, 1950 (act no. xlvi of 1950) and ceased in my opinion to be operative in the state with the passing of the act. this is also because of the fact that sections 41 and 42 of the jammu and kashmir army act no. xiv of 1939 do not appear to be pari materia with sees ..... . 69 and 70 of the army act no. xlvi of 1950. that apart the offences under ranbir penal code or offences under any other penal statute enacted by the state legislature not being civil offences as conceived by the act i. e. army act, 1950 .....

Gardihewa Sarath C. Fonseka Vs. Dhammika Kithulegoda and Others

Court : Sri Lanka Supreme Court

..... (1) of the evidence ordinance presumes a court martial to be a court and the rules of evidence applicable in a civil court also apply to courts martial (vide section 81 of the army act); 9. the confirming authoritys role of giving validity? to the conviction and sentence passed by the court martial, is a protective measure for the benefit of the accused ..... the last tribunal was an arbitrator to whom the dispute was referred by the commissioner of labour under section 3 (1) of the act. sansoni c.j. observed that the industrial disputes act no 43 of 1950, part iii provided for collective agreements, and settlements by conciliation and arbitration and part iv for the constitution industrial courts, from a panel appointed by the governor .....

H.S Dhillon Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... sufficient funds with the said bank to meet the said cheque and having no reasonable grounds for supposing that the said cheque would be honoured when presented. sixth charge army act section 63 (alternative to the fifth charge) an omission prejudicial to good order and military dislcipline, in that he, at bangalore, between 15 feb 85 to 22 ..... funds with the said bank to meet the said cheque asd having no reasonable grounds for supposing that the said cheque would be honoured when presented. third charge army act section 45 being an officer behaving in a manner unbecoming his position and character expected of him, in that he, at madras, on 17 march 84, in exchange ..... of pay and allowances by crediting it to his savings account. on 11.7.1986, the appellant was issued a charge sheet, which contained six charges under army act sections 45 and 63. thereafter an order convening court martial was issued by goc 31 armoured division. the appellant pleaded not guilty to the charges. but the gcm .....

Ac. Tiwari Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... property of the government, costing rs. 68,145.50 (rupees sixty eight thousand one hundred forty five and paise fifty only). (c ) third charge : army act section 52 (b) dishonestly misappropriating property belonging to the government in that he, at field, between october 1998 and november 1998, as commanding officer, 14 wireless ..... of coal dust, the property of the government, costing rs. 73,143/- (rupees seventy three thousands one hundred forty three only). (b) second charge : army act section 52 (b) dishonestly misappropriating property belonging to the government in that he, at field, during october 1998, as commanding officer, 14 wireless experimental unit, dishonestly ..... of 14 wireless experimental unit (weu) was tried by sgcm from 07.11.1999 to 29.11.1999 on the following charges (a) first charge: army act section 52 (b) dishonestly misapropriating property belonging to the government in that he, at field, during october 1998, as commanding officer, 14 wireless experimental unit .....

Harminder Kumar (Cap.) Vs. Union of India

Court : Delhi

Reported in : 1998VIAD(Delhi)368; 75(1998)DLT597

..... 127. the facts in that case, as noticed by the supreme court, are:-'on 30-8-1986, action was initiated against the respondent under section 123 of the army act, 1950 (for short `the act'). he was kept under open arrest from that date onwards and retired from service on 31-8-1986 as major general. on 22-9-1986, ..... with a view to cause further delay, he even appealed against the verdict of the medical board.'14. the division bench had referred to sections 122 & 123 of the army act, 1950, and in particular, section 122. dealing with the question of limitation, the bench observed:-'offence in the instant case is stated to have taken place on 13/ ..... the show-cause notice was issued and that was issued without any justification owing to the bar under section 122 of the army act, 1950. the respondents had admitted that court martial proceedings had become time barred under section 122 of the army act, 1950. thereforee, according to the learned counsel for the petitioner, mr.g.d.gupta, the case of .....

Albert West Meads Vs. the King

Court : Mumbai

Reported in : (1948)50BOMLR664

..... second and fourth charges were framed under section 40 of the army act, and were alternative charges to the first and third charges, respectively, alleging neglect to the prejudice of good order and military discipline in that the appellant ..... the imprest money of the company commanded by the appellant, had fraudulently misapplied the same. the third charge, also under section 17 of the army act, alleged similarly that the appellant had fraudulently misapplied regimental property, namely, rs. 871-12-9, being part of the regimental funds of the said company. the ..... . the appellant was charged before a field general court-martial at lahore on october 12, 1948, on four charges, framed under the army act. the first charge, under section 17 of the army act, alleged that the appellant, on or about april 22, 1943, when concerned in the care of public property, namely, rs. 8,089-7-0, .....