Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Year: 2002 Page 2 of about 52 results (0.116 seconds)

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

..... to the rival contentions as advanced before this court, it would be worthwhile to refer to the relevant provisions of the army act and the rules framed thereunder. chapter vi of the army act, 1950 stands ascribed to the offences and section 69 therein deals with the civil offences, which reads as below :-69. civil offences - subject to the provisions of ..... section 70, any person subject to this act who at any place in or beyond india, commits any civil offence, shall ..... and 900 grams of opium at patiala on 28th december, 1991. the charge-sheet, however, is stated to be, as noticed above, issued under section 69 of the army act by one shri s.d. singh, colonel/commanding officer 64th cavalry and it is this charge-sheet which has ben directed by the general officer commanding, .....

Shri Ravinder Singh Vs. the Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2002VAD(Delhi)148; 97(2002)DLT756; 2003(1)SLJ111b(Delhi)

..... the petitioner was dismissed from service in view of the enquiry report of the same date. but later, on a post-confirmation petition made in terms of section 106 of the army act, the sentence of dismissal was modified to that of discharge on humanitarian grounds by order 29th april 1993.4. the writ petition has been filed questioning the ..... which begins from rule 106.27. it further appears that it had been recorded therein that he had also earlier been convicted once for an offence under section 39(b) of the army act for a similar offence.28. it cannot be, in the absence of any authentic material, said that the petitioner was forced to give a certificate on ..... he never raised a question that he was injured. such a contention had been raised for the first time in the writ petition. in his post-confirmation petition under section 164 of the army act, he stated thus:' however, while i was on leave at my home-town, moondhi, district kangra, himachal pradesh i fell ill on february 26, 1992 and .....

Sher Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2003(1)AWC414

..... the respondents. the learned counsel for the appellant writ petitioner submitted that the summary court martial proceedings were in flagrant violation of mandatory provisions of army act, 1950 (hereinafter referred as the act) and the army rules, 1954 (hereinafter referred as rules) which went to the very root of the constitution and the proceedings of the summary court martial ..... however, it may mention here that the decision of the hon'ble supreme court in the case of ranjeet thakur (supra), wherein the provisions of section 130 of the army act has been held to be mandatory for summary court martial proceedings already appears to have been reviewed as noticed by jammu and kashmir high court in the ..... to be false or he has reason to believe it to be false. thus, no punishment could have been awarded for the alleged offence committed under section 56(a) of the army act. the punishment is vitiated. 17. in view of the fact that we are setting aside the punishment, it is not necessary for us to .....

Sepoy Lakhbir Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2002IVAD(Delhi)265; 2002(64)DRJ810

..... awarded to the petitioner is not contemplated in respect of the charges which were brought against the petitioner before the summary court martial. sections 39(a) and 48 of the army act are the provisions under which the petitioner was charged before the summary court martial. he has pointed out that under these provisions the ..... india, : 1988crilj158 it was held that irrationality and perversity were recognised grounds of judicial review.8. the controversy revolves about the interpretation of sections 71, 72 and 73 of the army act. the same are reproduced below:'71. punishment awardable by courts-martial.- punishment may be inflicted in respect of offences committed by persons subject to ..... would not sit in the judgment of the summary court martial. he has further contended that from a conjoint reading of section 39(a) 48, 71, 72 and 73 of the army act, summary court martial could have awarded the punishment of dismissal from service. he has further contended that from the previous records .....

Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

..... cases. this calls for examination of the relevant provisions of the army act and rules to find out whether petitioner could have been declared as a deserter, and dismissed from army under section 20(3) of the army act. sections 105 and 106 of the army act, 1950, deal with capture of deserters and inquiry into absence without leave. sections 105 and 106 are quoted as below :'105. capture of deserters ..... such, he was declared deserter with effect from 2.5.1996. a court of inquiry was heldunder section 106 of army act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of army act section 20(3) and army headquarters letter dated 11.3.1980 as amended vide letter dated 4.8.1987. since the petitioner was .....

Kuldip Kaur Vs. Union of India (Uoi), Ministry of Defence and ors.

Court : Punjab and Haryana

Reported in : (2003)134PLR240

..... attached thereto.5. in our opinion, the petitioner is not entitled to the relief prayed for because her husband was dismissed from service under section 20 of the army act read with rule 17 of the army rules. the petitioner has not challenged the dismissal of her husband. therefore, this court cannot issue a direction for payment of family pension ..... corps centre. the stand of the respondents further is that the husband of the petitioner was dismissed from service w.e.f. 6.5.1999 under section 20 of the army act read with rule 17 of the army rules by the orders of the competent authority and that according to rule 113(a) of the pension regulations for the ..... army part 1 (1961), an individual who is dismissed under the provisions of the army act, is ineligible for pension or gratuity in respect of his previous service.4. we have heard sh. bhag singh, learned counsel for the .....

Union of India Through Its Secretary, Ministry of Defense South Block, ...

Court : Delhi

Reported in : 2002VIAD(Delhi)619; 97(2002)DLT796; 2002(64)DRJ347

..... , 1941 to 22nd march, 1945 can be counted as on active service, the learned single judge examined the various provisions of the indian army act, 1911 as well as the pension regulations for the army. it was concluded that the deceased could not have been deprived of the benefits of service rendered between december, 1941 and march, 1945. ..... he was given medical treatment and examined by the medical board on 5th february, 1953. on the recommendations of the medical board, the deceased was discharged from the army on 17th june, 1953. it was opined by the medical board that he was suffering from toxic psychosis (following malaria mt) and his disability was assessed at 40 ..... 1941. he remained in temporary service till 21st march, 1945. he was re-enrolled as a combatant hawaldar storeman under the combatization scheme and continued to serve in the army till his discharge on 17th june, 1953.4. it appears that during 1953 the deceased was stationed in jammu & kashmir and thereafter posted to c.o.d. .....

V.C. Rajan and anr. Vs. the Presiding Officer of General Court Martial ...

Court : Andhra Pradesh

Reported in : 2003(6)ALD56; 2003(1)ALT527

..... .1987. by order dated 18.3.1991 a division bench of this court directed the appellants herein to avail statutory remedy of appeal as provided under section 164(2) of army act. this court directed the respondents to supply to the appellants the entire record of proceedings held at the court martial conducted against the appellants including the ..... and also rigorous imprisonment for one year. the general officer, commanding-in-chief, southern command and army headquarters, pune, confirmed the findings and sentence given by the general court martial on 16.3.1987 under section 154 of the army act. thereupon both the appellants filed separately two writ petitions in w.p.nos.6018 of 1987 and ..... appeal against the order dated 30.08.1995 of the learned single judge dismissing the writ petition.2. both the appellants were prosecuted under the provisions of the army act on two counts. the first count is that on 25.6.1985 the two appellants committed theft of 400 liters of petrol worth rs.2904=00. the .....

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(1)SLJ151(Delhi)

..... surinder singh v. the union of india & ors., the learned counsel has drawn our attention to the fact that sections 162 and 121 of the army act, 1950 are in pari material with sections 115 and 75 of the bsf act.8. it was further submitted that as the petitioner had partially undergone the sentence awarded by ssfc trial dated 06.02 ..... persons. article 33 of the constitution of india is an exception to the said rule to the extent it is covered by the provisions of army act, 1950 and the rules framed there under, namely, army rules, 1954. by reason of article 33 of the constitution of india, the parliament is empowered to restrict or abrogate by law fundamental ..... as the punishment to suffer 4 months' rigorous imprisonment commenced immediately on signing of the ssfc in terms of section 120 of the bsf act.51. section 162 and 121 of the army act are in pari materia with sections 15 and 75 of the bsf act. in surinder singh's case (supra), dharmadhikari, j., as his lordship then was, speaking for a .....

Abhimaya Basumatary Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... (air 1969 sc 414) laid down as follows :- 'in the present case, it is manifest that there is no express obligation imposed by section 164 or by 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 martial. mr ..... proceedings or reduce the sentence to any other sentence which the court might have passed.' 48. from a bare reading of section 115 of bsf act and section 162 of the army act, it is clear that both these sections are similarly worded. 49. apart from the fact that in nirmal chandra das's case (supra), there is no clear ..... aside the proceedings, or reduce the sentence to any other sentence which the court might have passed.' (emphasis is added) 47. let me also quote hereinabelow section 162 of the army act ;- 'the proceedings of every summary court-martial shall without delay be forwarded to the officer commanding the division or brigade within which the trial was held, .....