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Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

..... or removing from service. only further action is taken under regulation 16(a) in relation to forfeiture of pension. thus, punishing a person under section 71 of the army act and making order under regulation 16(a) are entirely different. hence, there is no question of applying principle of double jeopardy to the present ..... a contention, though feebly, was advanced on behalf of some of the respondents that forfeiture of pension in addition to the punishment imposed under section 71 of the army act amounted to double jeopardy. in our view, this contention has no force. there is no question of prosecuting and punishing a person twice ..... financial powers of mg asc, hq southern command. 10. we notice the relevant provisions of the acts and regulations:-the army act 1950 '71. punishments awardable by courts-martial.- punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by courts-martial, according to the scale following, that is to say,- (a) .....

Lt. Col. S.K. Kashyap and anr. Vs. the State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1971SC1120; 1971CriLJ832; (1971)2SCC126; [1971]3SCR881; 1971(4)WLN23

..... on 17 january, 1967 the state of rajasthan made an application before the special judge that under section 122 of the army act, 1950 a period of three years was provided after which no court martial proceedings could be commenced against the army officers and the period of limitation was to be computed from the date of such offence. the ..... commanding gave notice that the four officers meaning thereby the appellants belonged to his unit and that the appellants would be tried by court martial under the army act, 1950 for the offences alleged to have been committed by them as set out in the notice of the special judge and that the court of the special ..... 3 could not be invoked where the police merely started investigation. in some datt datta's case (supra) this court said about sections 125 and 126 of the army act 'these two sections of the army act provide a satisfactory machinery to v resolve the conflict of jurisdiction having regard to the exigencies of the situation in particular case.' in .....

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... set aside. however, goc, eastern command, rejected such representation. 3. on 29.8.2000 the petitioner filed an application under section 164 and 165 of the army act 1950 before the chief of the army staff, new delhi. in the said application the petitioner categorically mentioned that the presiding officer of the summary court martial proceeding did ..... justice. this contention of the learned advocate for the accused / applicant is thus not accepted. 7. the accused has claimed that the provision of section 131 of the army act regarding the taking of oath or affirmation in the prescribed manner was not followed. according to the learned advocate for the applicant this provision of taking ..... action against the petitioner for his alleged absence of 3 hrs. 30 minutes. in this respect the petitioner has pointed out to the provision of section 80 of the army act. 4. regarding the factual aspects, the petitioner has claimed that in fact he was not absent as alleged. he went to the shopping centre .....

J.K. Ojha Vs. Union of India and ors.

Court : Madhya Pradesh

Reported in : 2002(1)MPHT52; 2002(2)MPLJ78

..... his unit well knowing that the concession voucher book (iaft-1720a) bearing machine number from 91l 812100 had been lost by him.third charge : army act, section 63 : an act prejudicial to good order and military discipline.in that he,at field, on 27 march, 2000, when examined as a witness at summary of evidence ..... deficient of concession voucher book (iaft-1720a) containing one hundred forms bearing machine number 91l-812100, the property of the government entrusted to him.second charge: army act, section 57(d): where it was his officialduty to make a declaration respecting a matter knowingly making a false declaration.in that he,at chandigarh, on 25th ..... second charge sheet which has been issued to the petitioner contains the first charge under section 54(b) of army act. the second charge is under section 57(d) of army act and third charge relates to the violation of section 63 of the army act. the charges which are levelled against the petitioner in the undergoing disciplinary enquiry are .....

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

..... was outlined in the manual of military law, 1937. the manual contained the indian army act, 1911, the indian army act & rules and explanatory notes under various sections and rules. the passage of time necessitated revision of the manual and incorporation of explanatory notes under the relevant sections and clauses of the army act, 1950 and army rules, 1954. it also became necessary to include some other enactments essential to ..... the subject, and to exclude from the manual the repealed indian army act, 1911 and the superseded indian army act rules. the manual of military law containing explanatory notes under the current and .....

Joginder Singh Vs. State

Court : Delhi

Reported in : 5(1969)DLT1

..... by the central government in exercise of powers conferred by section 9 of the army act, 1950, which reads- 'inexercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declares that all persons subject to that act, who are nto on active service underclause (i) of section 3 thereof, shall, wherever they may be serving, be ..... of any toher law for the time being in force'.this ntoification assumes importance in view of the fact 'that under section 70 of the army act, 1950, a person subject to the said act who commits an offence inter-alia of rape in relation to a person nto subject to military, naval or air force law, shall nto ..... . division, area, indepednent sub-area or independent brigade in which the accused person is serving, and except in cases falling under sec. 69 of the army act, 1950 (46 of 1950) in which death has resulted, the officer commanding the brigade or sub-area or station in which the accused person is serving. 3. where a .....

Jagraj Singh (No. 14412115k) Vs. Union of India and Others

Court : Punjab and Haryana

..... transfer, if such a cours.is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/discharge of undesirable jcos/wos/or 4. ar 1.and 17 provide that jco/wo/or whose dismissal or discharge is contemplated will be given ..... on 10.9.2007 seeing no improvement, he was again marched up to the then commanding officer and awarded seven days pay fine for the offence of intoxication under section 48 of the army act. the petitioner, it is submitted, had been a bad example to the troops which was proved from the fact that he had earned five red ink entries in ..... the learned counsel appearing for the respective parties, the gist of the disparaging entries which have been awarded to the petitioner may be noticed which are as follows:- (a) army act section 39(a) - 07 days rigorous imprisonment (absenting himself awarded on 25 dec 1997. without leave) (red ink entry) cwp no.6991 of 2012 (o&m) [9].(b .....

Sewa Ram Nagial Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1983CriLJ1788

..... the said offence, and nor could the petitioner be said to have committed a civil offence as meant by section 69 of the army act.5. section 69 of the army act provides that any person who is subject to the army act and who is charged with an offence, shall be tried by a court martial. this jurisdiction is vested in ..... at raj rifles centre, where he was immediately taken into custody. later on, he was according to him, charged under section 63 of the army act and section 3(i)(c) of the official secrets act read with section 69 of the army act, and was punished by the g. 0. c, northern command, respondent no. 3 herein, and demoted to the ..... challenges an order of a general court martial, for short g. c. m., convicting him under section 63 of the army act and section 3(i)(c) of the indian official secrets act, 1923, for short, official secrets act, read with section 69 of the army act, and cashiering him and sentencing him to seven years' rigorous imprisonment. briefly stated, the facts leading .....

Lt Col (Ts) Sasanka Shekhar SwaIn Vs. Union of India, Through the Secr ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... effect and thereafter refused to return to the court room, thereby causing interruption in the proceedings of the said court martial. (viii) the eighth charge is, under army act section 39(a), absenting himself without leave in that he, at field, absented himself without leave from 22nd november 1999 to 7th december 1999. 3. after hearing ..... of the court without permission of the presiding officer, thereby causing interruption in the proceedings of the said court martial. (vii) the seventh charge is, under army act section 59(e), contempt of court martial by causing an interruption in the proceedings of such court in that he, at secundrabad, on 28th october 1999, while being ..... mr-4059x lt col krm rao, classified specialist (medicine and cardiology) at the aforesaid hospital, as he well knew. (ii) the second charge is, under army act section 41(2), disobeying a lawful command given by his superior officer in that he, at secunderabad, on 2nd july 1999, having been ordered by ic-28423k brig ss .....

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

..... to resolve a situation of this nature that a reference is envisaged to the central government. 18 section 47517 of the crpc has empowered the central government to make rules consistent with the crpc and the army act, navy act 1957 and the air force act 1950 and any other law relating to the armed forces of the union, as regards the cases in ..... which persons subject to military, naval or air force law or such other law, shall be tried by a court to which the crpc applies or by a court-martial. the first part of section 475 ..... of persons liable to be tried by court-martial- (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in .....