Judgment Search Results Home > Cases Phrase: army act 1950 section 155 power to confirm finding and sentence of district court martial Court: kerala

Varghese Vs. State of Kerala

Court : Kerala

Reported in : 2005(2)KLT802

..... bailable offence, when the accused is brought or has appeared before the magistrate.6. section 70 of the army act, 1950, in short 'the army act', lays down that if a person subject to the army act commits an offence of murder, against a person not subject to the army act, that person shall not be tried by a court martial, unless he committed the ..... while in active service, or at any place outside india, or at a frontier post as notified by the government in this behalf.7. sections 125 and 126 of the army act are dealing with the situations where both the criminal court and court martial have got jurisdiction in respect of an offence and the procedure that ..... thereafter. in the case at hand, the offence had taken place not against any person subject to the army act, and the first accused, petitioner, is also not covered by any of the conditions contained under section 70 of the army act. therefore, under the available facts of the case, the magistrate can proceed against the accused, as per .....

Thomas C. Vs. the Commanding Officer and Others

Court : Kerala

..... would show that court- martial proceedings were taken against the petitioner alleging wrongful loss and wrongful excess gain to the petitioner which were punishable under section 52(f) and section 63 of the army act. at the relevant time, he was working as havildar. after the court martial proceedings it was found that he was not guilty of the ..... be rejected as per ext.p4.4. counter affidavit is filed on behalf of the respondents inter alia stating that the petitioner has been charged under section 63 of the army act and he was found guilty and punished. he suffered the punishment as well.5. it is contended that the enquiry had been conducted after complying with ..... the contrary statement is not correct.6. it is further contended that the reduction in rank was made in terms of section 77 and 181 of the army act, the imprisonment was given under section 63 of the act and the recovery was made to regularise the misappropriation.7. however, it is stated in paragraph 15 of the counter affidavit .....

Union of India, Rep. by Secretary Ministry of Defence New Delhi Vs. Lt ...

Court : Kerala

..... "temporary commission". the respondent's contention that he has to be treated as retired from the army if accepted, then his service as also pension would be controlled by the army act, 1950 and the army rules, 1954. the army act, by section 2, provides for the persons who are subject to the act. section 2(a) and 2(i) are relevant and are extracted below:- "2. persons subject to ..... including retiral benefits flow from the service wherein he maintains a lien. 18. for this, we draw more support from the provisions of the army rules, 1954 enacted in exercise of the powers conferred by section 191 of the army act, 1950. rule 2(d-iii) defines "reckonable commissioned service" as follows:- "2(d-iii) "reckonable commissioned service" means service from the date of permanent .....

V.K. Nambudiri Vs. Union of India (Uoi)

Court : Kerala

Reported in : AIR1961Ker155; (1961)ILLJ68Ker

..... k.n. kripal, 1951 ker lt 385 : (air 1952 trav-co 7) and the relevant passage therein reads thus;-'it is clear from sub-clause (e) of clause (xviii) (of section 3 of the army act, 1950) that an officer of the land forces in any part b state was not recognised as a regular officer of the indian ..... army for all purposes and for all time. the expression 'for the time being subject to the act indicates that the subsequent absorption of such an office into the regular army was contemplated by the act-he would attain ..... the full status as an officer of the indan army only on getting a commission from the president as contemplated by section 10 of the act. that section lays down that the president may grant to such person as he thinks fit a commission as .....

In Re: State of Kerala

Court : Kerala

Reported in : 1996CriLJ1549

..... a letter to the registry as stated above.3. section 475 cr. p. c. recognises the rule making power of the central government consistent with the criminal procedure code and the army act 1950 (act 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 ..... to be instituted for the determination of the central government, whose order upon such reference shall be final. the restricted provisions namely section 475 cr. p. c, section 125 of the army act coupled with rule 3 of the criminal courts and court martial (adjustment of jurisdiction) rules, 1978 make it clear that whenver a ..... that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in military custody. section 126 of the army act contemplates that when a criminal court having jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged offence, .....

Akhil G Vs. the Union of India and Others

Court : Kerala

..... whatsoever, but shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub-section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force act, 1950 (45 of 1950); and (ii) transfers and posting including the change of place or unit on ..... ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950, (45 of 1950 ..... supplied) service matters referred to in section 14 is defined in section 3(o) as follows: 3. (o) service matters, in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), meal all matters relating to the conditions .....

J.S. Naik Vs. Asst. Commissioner, Air Customs and anr.

Court : Kerala

Reported in : 1999CriLJ425

..... help to the respondents, since in that case the supreme court has held that a person convicted and sentenced by the general court martial under the army act, 1950 is not entitled to the benefit under section 428 of the cr. p.c. of set off of his pre-trial detention against the sentence of imprisonment since the ..... army act is a special enactment applicable to persons covered under section 2 of the act and the act also provides special procedure for court martial.11. it is clear from the two decisions of this court referred to above ..... the indian airlines as headloader and working at karipur airport, calicut. the petitioner was arrested on 22-9-1995 after summoning him and recording his statement under section 108 of the customs act. when produced before the addl. chief judicial magistrate's court, (economic offences), ernakulam, he was remanded to custody. though the application for grant of .....

indira Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2005(3)KLT1071

..... moreover if he wanted to desert, there was no need for him to report for rejoining duty at bangalore on 4.10.1995. section 106 of the army act of course does not require evidence of any conscious overt act of keeping out of service to declare a missing person a deserter. there may be cases where the missing person may be dead or ..... at bangalore on 4.10.1995, petitioner's husband was not heard of and is treated missing from 5.10.1995 onwards. the army conducted enquiry under section 106 of the army act, first declared the petitioner's husband absent and later declared him a deserter and then reported the matter to the police who could not trace him so far. the ..... j.1. the petitioner is the wife of one mr. m. radhakrishnan who while in the service of the army as a sepoey was found missing from 5.10.1995 onwards. the army declared him a deserter under section 106 of the army act and after waiting for three years, on 5.11.1998 the said mr. radhakrishnan was dismissed from service. the dismissal .....

V.S. Hamsa Vs. Director General, Border Security Force and ors.

Court : Kerala

Reported in : 1997CriLJ878

..... he cannot take advantage of his own wrong and so that trial had not been commenced within 6 months prescribed under the act. that was a case where steps were initiated against the accused under section 123 of the army act and he was kept under open arrest from that date onwards. he retired from service on 31-8-1986 as major ..... entitled to avail the benefit of his own wrong. therefore, the appellant is not entitled to get the benefit of section 77 of the act.4. the hon'ble supreme court in a- similar situation that arose under the army rules held that the trial commenced when the general court martial assembles and examination of charge is undertaken and not when ..... if the trial has commenced within a period of six months proceedings could be taken against the persons who have retired from service. section 77 says that an offence under this act while subject to this act and if he had ceased to be so subject he could be taken into custody and tried and punished for such offence provided the .....

Baby Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2003(3)KLT362

..... bench for consideration of the matter.2. to answer the question in the abstract, a brief reference to the statutory provisions is essential. the parliament enacted the army act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set up and present day requirements'. the purpose was ..... agree that the rule or regulations should not be made, be of no effect, as the case may be......'.3. in exercise of the power under section 191, the army rules, 1954 were promulgated on november 27, 1954. rule 13 enumerates the authorities, which shall be competent to discharge persons from service on the grounds ..... per cent or over may, onretirement, be awarded a disability pension consisting of a service element and a disabilityelement in accordance with the regulations in this section;(b) the question whether a disability is attributable to or aggravated by military service shall be determined under the rules in appendix ii'.a provision for the .....