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M. Chenchu Rami Reddy Vs. General Court Martial of Ex-army Eme Centre ...

Court : Andhra Pradesh

Reported in : 1994(2)ALT68; 1994(2)ALT(Cri)103

..... imprisonment in this writ petition.2. the learned counsel for the petitioner submitted that subsequent to the filing of the writ petition, the army act, 1950 was amended by inserting section 169a of army (amendment) act, 1992 and in accordance with the said provision, the period during which the petitioner spent in civil or military custody during investigation, inquiry ..... was rejected by the court martial.4. in order to appreciate the rival contentions of the learned counsel, it is necessary to set out section 169-a of the army act, 1950 which is as follows.'169-a: period of detention undergone by the accused to be set off against the sentence of imprisonment -when a ..... that the provision which deals with an accused person should be interpeted in favour of the accused.9. for the aforesaid reasons, i hold that section 169-a of the army, act, 1950 applies to persons who are already convicted by the date of the commencement of the amended provision or to be convicted thereafter, equally. w.p .....

Surendra Lal S/O Late Munshi Lal Vs. the Union of India Through Its Mi ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... 10. the terms of regulation 16(a) are clearly different from regulation 113(a). according to regulation 16(a), when an officer as defined in section 3 (xviii) of the army act, 1950, is cashiered or dismissed or removed from service, then the president has the discretion of either forfeiting his pension or ordering that he be granted pension ..... exceeding that for which he would have otherwise qualified had he been discharged on the same date. (b) an individual who is removed from service under army act, section 20, may be considered for the grant of pension/gratuity at the rate not exceeding that for which he would have otherwise qualified had he been discharged ..... in the case of a person who is discharged, and not dismissed, under the provisions of the army act. in the case of discharge, a person remains eligible for pension or gratuity under the said regulation. the latter part of section 113(a) provides that in exceptional cases, the president may at his discretion, grant service pension .....

Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...

Court : Supreme Court of India

Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)

..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.7. section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... martial has recorded a finding that it cannot try him on account of the expiry of three years from the date of the commission of the offence.11. section 125 of the army act provides that when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding ..... the respondent cannot be tried on account of the expiry of three years from the date of the commission of the offence, he cannot be go scot free. section 127 of the army act provides that when a person is convicted or acquitted by a court-martial, he may, with the previous sanction of the central government, be tried again by .....

A.W. Mears Vs. Emperor

Court : Mumbai

Reported in : (1945)47BOMLR981

..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....

Capt. K.M. Saxena Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2000(3)ALT416

..... arresting the detenu, proceedings under section 106 of the army act have been initiated and it would not be open to the courts to interfere in such a procedure contemplated by the respondents. learned counsel, in this connection, has also drawn our attention to few relevant provisions of the army act, 1950. learned counsel submitted that the ..... ) by the learned senior standing counsel for central government appearing on behalf of the respondents supporting his contention that when once the proceedings under section 106 of the army act have been initiated by the respondents after arresting a person, it would not be open to the courts under article 226 of the constitution of ..... also indicated that after the detenu is arrested on the ground that he absented himself from duties and was declared deserter, an enquiry under section 106 of the army act has been initiated against the detenu. the respondents have denied the allegation that the detenu is being harassed.12. the party-in-person filed .....

Union of India (Uoi) and anr. Vs. Ajaib Singh No. 1256394 Wex-gunner ( ...

Court : Punjab and Haryana

Reported in : (1997)117PLR819

..... conducting the summary court-martial. we find no merit in the submission of learned counsel for the respondent regarding non-compliance of the provisions of section 130 of the army act.16. admittedly, the delinquent/writ-petitioner ajaib singh (who is respondent before us) has served and suffered the sentence of imprisonment awarded to him ..... without more, vitiates the proceedings. while controverting this averment of the writ petitioner, the appellant/union of india contended that if bare perusal of section 130 of the army act would go to show that it relates to all the trials by general, district or summary general court-martial and it omits the proceedings before ..... it was further contended by the appellants that as per provisions of pension regulation para 123(c)(t) the petitioner after his punishment under section 38(1) of the army act was required to serve minimum period of three years in an exemplary manner after completion of the punishment in order to become eligible for pensionary .....

Sri Paramjit Singh Kohli Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1997)1CALLT395(HC)

..... paramjit singh unit 511 asc bn attached to mrc wellington, do hereby consent to dispense with the attendance of witnesses at my summary trial by goc atnkk & area under army act section 84. place : wellington signature --date : 09 july 92 no & rank -- ic 37030p majorname -- kohli paramjit singh.unit + 511 asc bn att to mrcwellington. ..... by respondent no. 3 in choosing to deal with the petitioner summarily under section 84 of the army act by holding his summary trial for a charge under section 63 of the army act, even though under section 71 and other related provisions of the army act, the petitioner was entitled to be tried, if at all, by a general ..... in the matter by the authorities of dssc, wellington which ultimately culminated into the issuance of a charge-sheet against the petitioner under section 63 of the army act for committing an act prejudicial to good order and military discipline. it shall be advantageous to reproduce the charge-sheet in varbatim, which reads thus:-- charge .....

U.O.i. and ors. Vs. Rajbir Singh Khanna and anr.

Court : Supreme Court of India

Reported in : AIR2001SC3327; [2001(91)FLR240]; JT2001(7)SC50; 2001LabIC2898; 2001(5)SCALE418; (2001)7SCC113; 2001(3)SCT1145(SC)

..... come up in appeal by special leave. we have heard the learned counsel for the parties at length. the position of law insofar as the interpretation of section 122 of the army act, 1950 is concerned stands resolved and settled by a three-judge bench decision of this court in union of india and ors. v. harjeet singh sandhu : [2001 ..... the high court even if the delay was attributable to the interim orders of the high court that did not make any difference to the applicability of section 122 of the army act.7. the appellants filed letters patent appeal. by an interim order dated 3.3.1994 the division bench gave liberty to the appellants to proceed ..... of brigadier along with the consequential benefits attaching with such promotion. the court martial proceedings were directed to be quashed as being barred by time under section 122 of the army act overruling the plea of the appellants that the delay in court martial proceedings was attributable to the interim orders passed by the high court. in the .....

Harcharan Singh Premi Vs. the Officer Commanding Army, Military Hospit ...

Court : Chennai

Reported in : AIR1970Mad176

..... the president on 18-2-1967 and was a temporary commissioned officer, the army act, 1950, is applicable to the persons mentioned in section 2 of the act. section 2(1)(a) states that officers, junior commissioned officers and warrant officers of the regular army are persons subject to the act. an 'officer' is defined under section 3(xviii) as meaning 'a person commissioned, gazetted or in pay as ..... on 27-2-1967. the termination of the commission is stated to be under paragraph 12 of the army instructions 231. the petitioner filed a review petition to the director general, armed forces medical service on 7-3-1967 under section 27 of the army act, 1950, and as the petitioner did not receive any immediate redress on his application for review, he submitted a .....

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

..... be fortiori be valid. now sro 329 is issued by the central government under sub-sections (1) and (4) of section 4 of the army act 1950 which provide inter alia as under:section 4(1) the central government ..... of section 21, sub-section (4) of section 102 and section 191 of the army act 1950 made applicable to the members of, gref, sro 330 applying certain provisions of the army rules, 1954 to the members of gref in exercise of the powers conferred under section 21, sub-section (4) of section 102 and section 191 of the army act 1950 would ..... restricted the fundamental rights of the members of gref. the respondents submitted that in the circumstances the petitioners were rightly charged under section 63 of the army act 1950 and their convictions by the court-martial and subsequent dismissals were valid. the respondents thus sought to sustain the validity of the action .....