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Union of India and Others Vs. Daleep Kumar

Court : Jammu and Kashmir

..... -writ petitioner cannot be treated as a deserter. as rightly held by the learned writ court, his case was to be dealt with by following the procedure prescribed under section 106 of the army act, 1950. the said provision has not been complied with. the order of punishment imposed upon the respondent-writ petitioner was not sustainable in law and has been rightly set ..... -writ petitioner was false and incorrect. 9. the respondent-writ petitioner has been treated as deserter from the day first and dealt with accordingly by the competent authority. 10. section 38 of the army act 1950 refers to the deserter, while section 39 refers to those persons, who remain absent from the duties. if the person is declared to be a deserter, then provisions of .....

M.R. Saini Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 1985CriLJ1263

..... for proper appreciation of the argument ' advanced on behalf of the petitioner, it would be pertinent to notice certain relevant provisions of the army act and the rules made there under. section 153 of the army act lays down that no finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it ..... in form a-3 by the central government in this behalf. the said warrant was issued by the central government as far back as july, 1950 pursuant to the provisions of the army act and it was addressed to 'the officer not being under the rank of a field officer commanding xi corps'. the said warrant contains the ..... is wholly illegal, the court of revision may award any legal sentence.7. it would also be necessary here to notice some more provisions of the army act and the rules. section 71 of die said act provides for various types of punishments which may be awarded by court-martial. these include (a) death; (b) transportation for life; (c) imprisonment .....

Chief of Army Staff and ors. Vs. Major Dharam Pal Kukrety

Court : Supreme Court of India

Reported in : AIR1985SC703; 1985CriLJ913; 1986LabIC41; (1985)IILLJ165SC; 1985(1)SCALE582; (1985)2SCC412; [1985]3SCR415; 1985(17)LC863(SC)

..... no. 84 of 1976, which, as aforesaid, was allowed.4. it was the contention of the respondent in his writ petition that under the army act, 1950 (act no. 46 of 1950), and the army rules there was an initial option either to have the concerned officer tried by a court-martial or to take action against him under rule 14 and ..... 14 was not permissible in case of his acquittal by the court-martial.11. to test the correctness of these submissions, we must examine the provisions of the army act relating to courts-martial. section 108 provides for four kinds of courts-martial, namely.(1) general courts-martial; (2) district courts-martial; (3) summary general courts-martial; and(4) ..... martial on revision not having been confirmed was not valid. could he, therefore, be tried again by another court-martial on the same charges under section 121, a person subject to the army act, who has been acquitted or convicted of an offence by a court-martial or by a criminal court, is not liable to be tried again .....

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

..... of the armed forces of india.15. relying on the above said judgment and the order issued by the government of india dated 14-8-1986 and section 4(1) of the army act, 1950, learned senior counsel for the appellant contended that gref was a force falling within the connotation of armed forces under article 33 of the constitution of india ..... not intended to extend to any other armed force to which the provisions of the indian army act are extended under section 4(1) of the army act, 1950.19. thus, even though the appellant can be said to belong to the 'armed forces' for purposes of the army act and article 33 of the constitution of india, and even assuming that he was enrolled or ..... the words, 'three wings' used in rule 2 of the above said rules has to be understood in the light of section 3(xi) of the army act, 1950 which defines, the word, the forces' as the regular forces, namely, the army, navy and air force or any part of any one or more of them. the punjab rules permitting computation of ' .....

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... question it would be appropriate to look into the relevant statutory provisions. the army act, 1950 is enacted to consolidate and amend the law relating to the governance of regular army. section 2 of the act enumerates the different categories of army persons who are subject to the act. section 3(iii) defines 'civil offence' to mean an offence which is ..... article by the petitioner and in the absence of such proof, the gcm committed grave error in holding the petitioner guilty of the charge under section 69 of the army act and sentencing the petitioner thereunder. in support of his contentions, the learned senior counsel for the petitioner, also referred to a decision of the ..... 1.4.1997. the petitioner was not found guilty of the second charge and was acquitted thereof. the gcm, however, found the petitioner guilty under section 69 of the army act. on the 2nd day april, 1997, the gcm announced the sentence by awarding 4 (four) years' rigorous imprisonment as well as dismissal from service. .....

P. Chandra Mouly Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : 1994(2)Crimes1107(SC); 1994(3)SCALE640; 1994Supp(3)SCC104

..... court martial and convicted under all the six counts and awarded sentences of imprisonment. they invoked the jurisdiction of the central government under sections 164 and 165 of the army act, 1950 but with no success. they filed two separate writ petitions before the gauhati high court challenging their convictions and sentences. the writ petitions ..... of the officers were accepted partially to the extent that offence under section 63 in relation to one count was quashed. the learned single ..... datta v. union of india and ors. : 1969crilj663 wherein it has been authoritatively held that there is no express obligation imposed by section 164 or section 165 of the army act on the confirming authority or upon the central government to give reasons in support of its decision' to confirm the proceedings of the court .....

Union of India (Uoi) and ors. Vs. Maj. Virendrarai J. Kharod

Court : Gujarat

Reported in : (1987)2GLR1020

..... the respondent. in order to appreciate this contention, it is necessary to read the relevant rules of the rules known as army rules made by the central government in exercise of powers conferred by section 191 of the army act, 1950. relevant rules are rules 22, 23, 24 and 25. they read as follows:22. hearing of charge:(1) ..... every charge against a person subject to the act other than an officer, shall be heard in the presence of the accused. the ..... the appellants that the general court-martial, in passing the impugned order, exercised judicial or quasi-judicial functions. this is also evident from the relevant provisions of the army act, 1950 and rules framed thereunder. this court, therefore, has power to issue a writ of certiorari to quash the decision of the general court-martial, which has assumed .....

Lt. Col. Amal Sankar Bhaduri Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1987)0CALLT1(HC),91CWN631

..... and three, are not public servants. it is no doubt true that the offences falling under section 5(i)(c) and (d) of the prevention of corruption act might fall under section 52(b) of the army act cannot be accepted. section 52 of the army act deals with offences in respect of government property or property belonging to any military, naval or ..... a court martial. before dealing with this aspect of the matter it is worth considering the relevant statutory provisions in particular rule 37 of the army rules of 1954 framed under the act of 1950. rule 37 reads as follows :-'37. convening of general and district court-martial.--(1) an officer before convening a central or district court ..... case demand it so. this view finds support from the decision of the supreme court in the case of chiranjit lal v. union of indian reported in : [1950]1scr869 . in that decision the supreme court observed :--'article 32 of the constitution of india gives such very wide discretion in the matter of framing our writs to .....

Major Viveky Rai Vs. Uoi and ors.

Court : Delhi

..... for 5 years. the ultimate decision taken was to invoke the presidential power under section 18 of the army act 1950. order dated 11.9.2009 was issued, which reads as under:- "order the president, in exercise of powers conferred by section 18 of the army act 1950 and of all other powers enabling in this behalf, is pleased to order ..... now, it is not in doubt that the petitioner held office, as a major in the territorial army, at the pleasure of the president for the reason section 18 of the army act 1950 states that every person subject to this act shall hold office during the pleasure of the president, but the question would be whether in the facts ..... the authority, but can only be for valid reasons. 12. a perusal of the army act 1950 would reveal that 4 distinct powers are contemplated with respect to the tenure of army personnel. the first is section 18 of the army act where service of an army personnel can be terminated without assigning any reasons. the second would be the power under .....

G.M. Rao Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003(1)ALD(Cri)886; 2003(3)ALT407; 2003CriLJ4028

..... be decided by the government as to where a person has to be tried, by court-martial or by ordinary criminal court. since the vires of section 125 of the army act has been upheld by the supreme court, therefore, we do not see any point in the argument that once the magistrate had taken cognizance the case ..... was not competent to try the petitioner. the learned counsel for the petitioner submits that under section 70 of the army act the offence is not triable by court-martial. section 70 of the army act lays down;'70. a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force ..... could have not been transferred to the army authorities for conducting court-martial. in this connection, section 126 of the army act also may be referred to. section 126 lays down;'126. (1) when a criminal court having jurisdiction is of opinion that proceedings shall be .....