Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Sorted by: old Court: jammu and kashmir Page 1 of about 12 results (0.126 seconds)

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 .....

Anchal Singh Vs. Government

Court : Jammu and Kashmir

Reported in : AIR1951J& K1

..... ground that it is not maintainable & is also barred by limitation.31. this case has some unsatisfactory features about it. after eighteen years of continuous service in the army & in the civil service of the state, the applc. was dismissed without adequate & proper investigation into the truth or otherwise of the charges against him. for eleven ..... of kashmir holding the post of the game warden, but at its inception in the year 1921, the applt.'s service began as a lieutenant in the army from where ib was transferred to the civil administration in the year 1932.3. this order of dismissal was preceded by an enquiry under the kashmir civil service ..... the regulation, certain powers of his highness, had been delegated.12. the fifteenth clause of the third section of the general clauses act states: 'government' or 'the government' shall mean 'council' as defined in regulation 1 [i] of 1991.' the second section of regulation 1 [i] of 1991, states 'council' means the council of ministers of jammu & .....

Rehman Shagoo and ors. Vs. the State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1958CriLJ885

..... machinery for the punishment of those offences which is provided in sections 3 and 4 and the subsequent sections. there is no section devoted to the question of affecting the rights and obligations of the army or the defence. the mere fact that military is mentioned does not make it an army act. it does not operate upon the defence personnel. the ..... the words 'subject to the other provisions of this constitution,' in article 372, do not mean that laws which had been passed by the central legislature before 28-1-1950, automatically cease to have effect because the subject has now been made a state subject.'25. the supremo court in inder singh v. state of rajasthan : [1957] ..... to usurp powers. the presumption is always in favour of regularity. in support of this view reliance may be placed on charanjit lai v. union of india : [1950]1scr869 in which it has been laid down that the presumption is always in favour of the constitutionality of an enactment, and the burden is upon him who attacks .....

Bimla Devi Vs. Capt. G.L. Bakshi and ors.

Court : Jammu and Kashmir

Reported in : 1960CriLJ1593

..... that the order passed by the magistrate and confirmed by the sessions judge is erroneous in law. the magistrate relied upon section 125 of the army act, 1950, central act xlvi of 1950 (hereinafter referred to as the act) which reads:when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be ..... the petitioner in this criminal revision preferred a complaint to the city magistrate at srinagar against five persons enrolled under and subject to the indian army act accusing them of offences under sections 392, 448 and 506 of the ranbir p. c. which is in force in this state. after recording the statement of the complainant, ..... hand and the magistrate on the other. eventually, the magistrate held as follows:as the army authorities have undertaken to deal with the case therefore in view of section 125 of indian army act and section 69 of the jammu and kashmir army act i need not proceed with the case. the military authorities be informed of this order with .....

Major A.J. Anand Vs. State

Court : Jammu and Kashmir

Reported in : 1960CriLJ1453

..... which the accused is charged falls within the definition of 'civil offence' as given in section 3(ii) of the army act. an offence under section 86 of the motor vehicles act of the state is not a 'civil offence' as mentioned in section 69 of the army act as it is not triable by any criminal court in india. it is an offence in ..... anand, as appears from the certificate of the commanding officer is serving on active service within the meaning of section 3(1) of the army act and the station of srina gar is also an active service area. section 69 of the army act contains the relevant provisions pertaining to those civil offences which are triable by court-martial and it may foe ..... and kashmir does not come within the definition of the 'criminal court' as defined in section 3(viii) of the army act and, therefore, the offence of which the accused is charged not being 'civil offence' as defined in section 3(ii) of the army act is not triable by court martial but by a criminal court pf the state.4. it .....

Sachdev Sharma Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1964CriLJ337

..... section 3 thereof, shall, wherever they may be serving, be deemed to be on active service within the ..... or of any to be on active service within the meaning of this act.in the instant case the central government issued the notification which reads as under:-in exercise of the powers conferred by section 9 of the army act., 1950 (46 of 1950), the central governed hereby declares that all persons subject to that act, who are not on active service under clause (1) of .....

Subedar Surat Singh Vs. the Chief Engineer Projects (Beacon)

Court : Jammu and Kashmir

Reported in : 1970CriLJ1610

..... 87982 pioneer tahal singh, all of 1615 pnr coy (gref) who were subject to the army act, 1950 (act xlvi of 1950 hereinafter called 'the act') were tried by the general court martial at work shop base gref under section 69 of the act read with section 302/1.09 of the penal code for causing the death of g. 87630 pioneer suriya ..... they were arraigned and transmitted the proceedings through proper channel to the respondent for confirmation under sections 153 and 154 of the act read with rule 03 of the army rules 1954, hereinafter referred to as 'the rules', acting under section 160 of the act, the respondent vide his order dated 20th july, 1968, sent back the finding of ' ..... again would mean allowing the charge against him to remain without valid adjudication which would be against the provisions of section 153 of the act that in exercise of the powers conferred under rule 70 of the army rules, the respondent refused to confirm the finding of 'not guilty' of the general court martial in respect .....

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 .....

Ghulam Mustafa Kamil and ors. Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1971CriLJ48

..... order of even date by the authorities concerned withholding the disclosure of the grounds of detention 'in the public interest' in view of the provisions of section 8 read with section 13 (a) of the act. they were arrested on different dates between november, 1968 and november, 1969, and they are lodged in different jails as specified in the order of ..... 17-2-68 by a c. i. d. personnel and in case no. 66, it is stated that the detenu was arrested on 21-7-68 forcibly by an army officer.32. these allegations of arrests ; without warrant in 10 cases and the non service of orders of detention on the detenus in all these 12 cases are supported by ..... serious encroachment on the civil liberties of a citizen, and, therefore, any law which curtails in any manner such liberties, has to be very strictly construed.37. section 4 of the act provides for the execution of a detention order in the manner provided for the execution of warrant of arrest under the code of criminal procedure.38. the relevant .....

Bakhshish Singh Vs. Court Martial and ors.

Court : Jammu and Kashmir

Reported in : 1972CriLJ1630

..... (1) of ministry of food, agriculture. community development and cooperation. (department of food) order dated 18th april 1967: dal chana ... 14 bags. kabuli chana ... 46 bags.second charge. section 65. air force act, 1950.an act prejudicial to good order and air force discipline. in that they i.e. both the accused on 11th december 1967. at madhopur traffic check post were found carrying ..... . in these decisions their lordships have clearly observed that the offences enumerated in sections 34, 35 and 37 etc. of the army act which create a new category of offences are exclusively triable by a court martial. as these sections are pari materia with sections 34, 35, 36 and 37 etc. of the act which create a new category of offences, the offences covered by these .....