Judgment Search Results Home > Cases Phrase: army act 1950 section 155 power to confirm finding and sentence of district court martial Page 2 of about 68 results (0.379 seconds)

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

..... civil police authorities for a period of 2 years with the intention to drag the period beyond 3 years as per section 123 of army act 1950. it is stated that provisions of sections 123 of the army act were invoked against the petitioner vide asc centre north vide letter no.pc-1102/2/gs/conf dated 29.9.95. the petitioner did ..... not receive the registered letter sent to him. subsequent apprehension by the army authorities for a period from 28.9.95 to 21. ..... petitioner on 3.12.94. in fact in para-4 there is a reference to section 123(1) of the army act and, thereforee, paras 3 to 5 deal with the contention regarding section 123 of the army act and not section 122 of the army act. thus provisions of section 122 clearly become applicable in the instant case inasmuch as the alleged offence is of .....

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

..... 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 ..... in close arrest with effect from 17.11.1988 and was then court-martialed under the provisions of the army act. he was charged under section 40(a), using criminal force to his superior officer, and section 48 of the army act, 1950 for being in a state of intoxication while on duty.3. the general court martial found the respondent guilty ..... and thereupon he was dismissed from service on 01.08.1989. he filed an appeal to the chief of the army staff against the decision of the general .....

Amarendra Nath Das and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1977CriLJ493

..... preferring an appeal. the copies were supplied on 4th of february, 1975. on 24th march, 1975, the petitioners preferred appeals to the respondent no. 2 under section 164(2) of the army act, 1950. on 5th of aug., 1975, the petitioners were informed of the result of the appeal by the respondent no. 6 and thereafter, the petitioners obtained the ..... the warrant reads as follows:to the officer, not being under the rank of a field officer commanding the bengal 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 time to ..... officer not being under the rank of a field officer commanding the bengal area. this warrant was issued in pursuance of the provisions of the army act, 1950 and the chief of the army staff empowered the officer not being under the rank of the field officer commanding the bengal area or the officer on whom such officer's command .....

Col Shekhar Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... upon by irrelevant considerations and merely on inferences; the culpability of the appellant was fixed. before we proceed to discuss the evidence on the charge under army act section 52(f), for which the appellant was held guilty, it may be mentioned that it is the settled canon of criminal jurisprudence that conviction cannot be ..... meat dressed and chicken, with intent to cause wrongful gain to shri ch shankarnarayan, the egg contractor. the gcm found the appellant guilty of the charges under army act section 52(f) and sentenced him to be dismissed from service. since both his pre and post confirmation petitions were rejected, he has come up in appeal. 5 ..... to the evidence on record and are pre-conceived. the findings suffer from non-compliance of the statutory provisions. the trial is barred by limitation under army act section 122. the charge against the appellant is mainly dependent upon the report of the technical officer who was associated with the court of inquiry. the technical .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... , 2012 in w.p. (c) no.445 of 2012 of the number of militants. the census of 2011 suggests a population of over 27 lakhs in manipur. [7]. section 3(x) of the army act, 1950: enemy includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law ..... reaffirm the submissions made on affidavit. however, it is pointed out that a militant or terrorist or insurgent, is an enemy within the aforesaid definition [section 3(x) of the army act, 1950]. and it is the bounden duty of all army personnel to act against a militant or a terrorist or an insurgent, while he is deployed in a disturbed area under afspa. in case .....

Lt Col Gurdev Singh Vs. the Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... of officers before proceeding to make the local purchases and there is nothing to point out to dis-credit the testimony of this witness.charge no.9 : ninethcharge army act section 63an omission prejudicial to good order and military discipline,in that he,at roorkee, between 04 apr 94 and 20 apr 94, while commanding 297 company asc (supply ..... aforesaid asc articles were purchased, had not been approved by the station commander roorkee prior to the said purchases.third 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 defraud,in that he,at roorkee, between 01 july 93 and 23 mar 94, while commanding 297 ..... 4. in this backdrop the evidence and other materials have been evaluated charge wise.charge no. 1 and 3 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 defraud,in that he,at roorkee, between 26 oct 93 and 07 may 94, while commanding 297 company .....

Kering Rupchand and Co. Vs. G.B. Murray

Court : Mumbai

Reported in : AIR1918Bom32; (1919)21BOMLR143

..... his majesty's indian forces is an officer of his majesty's regular forces within the meaning of the army act, 1881. (see section 190 (8)). i further find that under section 136 of that act as amended by section 4 of the army (annual) act, 1895, his pay as an officer of his majesty's regular forces is to 'be paid without any ..... place, it was a case that arose about the maintenance of that soldier's wife and children and there is an express clause in the army act, namely, section 145, which as amended by the army (amendment) no. 2 act, 1915 (5 & 6 geo. v, clause 58) lays down express provisions and confers express powers on the military authorities as regards ..... had attached half the pay in execution of its order for alimony, there would have been a contest between two authorities, namely, the military authorities under the army act deducting 1 section 6 d. per day only and the civil courts deducting rs. 75 per month under the code, and the latter would thereby have been overriding the express .....

Union of India (Uoi) and ors. Vs. V.N. Singh

Court : Supreme Court of India

..... question whether the proceedings were time barred. it was argued that the order dated october 30, 1996, taking the respondent into close custody under section 123 of the army act, 1950, was passed because the respondent was charged for the offence of procedural lapses in local purchase of hygiene and chemicals during his tenure as ..... brigade under whom the respondent was working at the relevant time. the commanding officer, vide order dated october 30, 1996 invoked the provisions of section 123 of the army act 1950, and took the respondent into close custody as superannuation of the respondent was due on october 31, 1996 and it was apprehended that the respondent ..... well as the sentence imposed upon the respondent after holding that gcm proceedings were initiated after expiry of the period of limitation prescribed by section 122(1)(b) of the army act, 1950, which has given rise to the instant appeal.3. this court has heard ms. indira jaisingh, the learned additional solicitor general for .....

Major E.G. Barsay Vs. the State

Court : Mumbai

Reported in : (1958)60BOMLR159

..... persons who are subject to the act. under section 3(ii) 'civil offence' is denned as 'an offence which is triable by a criminal court', and ..... others, the provisions of sections 125 and 126 of the army act read with the relevant rules framed under the act, have not been complied with.15. in order to examine these submissions, it would be necessary to deal in some detail with the provisions of the army act, 1950, and the rules made thereunder. section 2(1) of the act gives a list of ..... that there are some irregularities and errors in the charge.14. the second point as regards the legality of the trial is raised under the provisions of the army act, 1950, by mr. purshottam on behalf of accused no. 1. that again is a point which has been raised for the first time in appeal challenging the jurisdiction .....

Velchand Chhaganlal Vs. Lieut. E. Bourchier

Court : Mumbai

Reported in : (1912)14BOMLR777; 13Ind.Cas.853

..... case is an officer of the second battalion of the north staffordshire regiment, that is to say, he is an officer of the regular forces.9. now under the army act, section 136, the salary of such an officer is not liable to attachment except by virtue of some law made by the governor-general-in-council in that behalf. but ..... i have referred.5. what is the meaning of the words 'to affect the provisions of the army act' in that clause they mean that section 60 shall not have any effect, it shall not encroach upon the provisions of the army act. what the army act directs is that the salary of the officer in question should be paid to him without any deduction ..... the only law made by the governor-general-in-council in that behalf is admittedly section 60 of the civil procedure code, and that section in its explanation, clause 2(b) expressly declares that it does not affect the provisions of the army act.10. that being so, it seems to me that there is no law of the governor-general .....