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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 .....

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 .....

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 .....

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, .....

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

..... the aforesaid decision with regard to scope of section 19 of the army act and rule 14 of the army rules, and section 45 of the army act, we may notice these provisions:section 19 of the army act, 1950:'19. termination of service by central government.- subject to the provisions of this act and the rules and regulations made there under ..... officer with or without pension or gratuity; or (b) compulsorily retire him from the service with pension and gratuity, if any, admissible to him.' section 45 of the army act, 1950: '45. unbecoming conduct- any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected to ..... who behaves in a manner unbecoming his position can be removed from service under section 19 of the army act, 1950, read with rule 14 of the army rules, 1954 without being tried by a court martial under section 45 of the army act, which specifically deals with the subject of unbecoming conduct of an officer. before .....

Union of India (Uoi) Vs. Subedar Deena Nath Tiwari

Court : Allahabad

Reported in : II(1998)DMC731

..... court' with reference to the said regulation is a court established under the ordinary law other than the courts established by the army act or in common parlance military court. therefore, pendency of the proceedings under section 125 is a proceeding, of which cognizance has been taken by a civil court of competent jurisdiction. as such by reason of ..... (b) as well as most offences under section 52 can also be tried by a court-martial or a civil ..... only being made and the offences other than those under the army act are to be treated as civil offences. regulation 419 provides that '(a) all civil offences except those specified in the army act section 70 can be tried either by court-martial or by a civil court, (b) offences under army act, sections 40(a), 47, 53(a) and (b) and 64 .....

P.C. Kakar Vs. Commandant, Military Hospital, Trimalgiri and ors.

Court : Andhra Pradesh

Reported in : 1994(1)ALT1; 1994CriLJ1025

..... a civil hospital because of the military nursing service ordinance (30 of 1943) as amended by the army act, 1950. captain latha sharma absented herself from the place of her duty and, therefore, she committed an offence under section 39(a) of the army act and she got herself admitted in the hospital without obtaining leave. 7. in w.p. no. ..... excluded categories of persons was for the purpose of ensuring 'proper discharge of their duties and the maintenance of discipline among them'. the power to enact the army act, 1950 is referable to entry 2 in list i and in respect of the members of the armed forces, the fundamental rights available to them are those which are ..... members of the armed forces afflicted with psychiatric complaints are governed by paragraphs 446 to 453 of the regulations for medical services, 1983 made under section 192 of the army act. section 191 of the army act confers power on the central government to make rules for the purpose of carrying into effect the provisions of the .....

S.N. Purandara Vs. Union of India and ors.

Court : Delhi

Reported in : 32(1987)DLT264; ILR1987Delhi427

..... . mobile signal regiment convening general courts-martial as also for an order/direction in the nature of declaration declaring sections 52(g), 63, 124 and 125 of the army act. 1950, as amended by act 19 of 1955 (for short the act) as ultra virus of the constitution of india.(2) notice to show-cause was issued to the respondents on ..... the officer, not being under the rank of a field officer, commanding the 61 independent sub area. in pursuance of the provisions of the army act, 1950 (xlvi of 1950), i do hereby empower you, or the officer on whom your command may devolve during your absence, not under the rank of field officer, from ..... brig. dalip singh was the field officer, commanding the 61 (independent) sub-area and on account of the authorisation was entitled to convene the general court-martial under the army act. in his absence brig. jagjit singh, offig. commanding the 61 (independent) sub area was covered under the aforesaid authorisation. it was pointed out during the course of .....