Court : Andhra Pradesh
Reported in : 1998(1)ALD773
..... and (4) that he absented without leave from 8-2-1993 to 74-1993. the first three charges were framed under section 52(b) and the 4th charge was under section 39(a) of the army act, 1950.4. the general court-martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. during the proceedings 32 persons ..... levelled against the petitioner. no illegality appears to have been committed by the respondents and their appears to be a substantial compliance with the provisions of the army act, 1950 and the rules made thereunder in recording a finding of guilt by the concerned authority for the misconduct proved to have been committed by the petitioner. ..... court-martial, mitigate or remit the punishmentthereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. section 160 of the army act provides for revision of finding or sentence and lays down as under:'(1) any finding or sentence of a court martial which requires confirmation may .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647
..... each and every aspect of the matter. suffice it to elaborate and understand the import of section 25 of the army act, 1950 and rule 7 of the survey of india (recruitment from corps of engineer officers), rules, 1950.10. section 2 of the army act categorises the persons subject to the act and they shall remain as such until they retire, discharged, released, removed, dismissed or cashiered from ..... the service. section 2(2)(xviii) of the army act defines officer to mean a person commissioned, gazetted or in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(1)ALT1; 1994CriLJ1025
..... a civil hospital because of the military nursing service ordinance (30 of 1943) as amended by the army act, 1950. captain latha sharma absented herself from the place of her duty and, therefore, she committed an offence under section 39(a) of the army act and she got herself admitted in the hospital without obtaining leave. 7. in w.p. no. ..... excluded categories of persons was for the purpose of ensuring 'proper discharge of their duties and the maintenance of discipline among them'. the power to enact the army act, 1950 is referable to entry 2 in list i and in respect of the members of the armed forces, the fundamental rights available to them are those which are ..... members of the armed forces afflicted with psychiatric complaints are governed by paragraphs 446 to 453 of the regulations for medical services, 1983 made under section 192 of the army act. section 191 of the army act confers power on the central government to make rules for the purpose of carrying into effect the provisions of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALD293; 2008(6)ALT180
..... and any other mode adopted by the respondents compelling his presence before the court martial is opposed to the provisions the army act, 1950. learned counsel took me to section 135 of the army act, 1950 to buttress his submission that summon shall be sent to the magistrate within whose jurisdiction the witness resides and such magistrate ..... sub nagender singh yadav and cfn. devender kumar, summon is required to be served on him as provided under section 135(3) of the army act, 1950. for better appreciation, i may refer section 135 of the army act, 1950, which reads as hereunder:135. summoning witnesses.-(1) the convening officer, the presiding officer of a court-martial, ..... of the respondents 3 and 4 in compelling him to be present before the court martial proceedings without following the procedure as contemplated under section 135(3) of the army act, 1950.2. when the writ petition came up for admission, sri m. ratna reddy, learned standing counsel of central government received notice on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD(Cri)886; 2003(3)ALT407; 2003CriLJ4028
..... be decided by the government as to where a person has to be tried, by court-martial or by ordinary criminal court. since the vires of section 125 of the army act has been upheld by the supreme court, therefore, we do not see any point in the argument that once the magistrate had taken cognizance the case ..... was not competent to try the petitioner. the learned counsel for the petitioner submits that under section 70 of the army act the offence is not triable by court-martial. section 70 of the army act lays down;'70. a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force ..... could have not been transferred to the army authorities for conducting court-martial. in this connection, section 126 of the army act also may be referred to. section 126 lays down;'126. (1) when a criminal court having jurisdiction is of opinion that proceedings shall be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALT199
..... either rigorous or simple for any period not exceeding fourteen years, is unconstitutional.6. finally he contends that the power exercisable by the competent authority under section 71 of the army act, 1950 is not only ultra vires, but also takes away the right guaranteed under article 21 of the constitution. he further submitted that as per paragraph no. ..... orderd.s.r. varma, j.1. this writ petition is filed seeking a declaration that the provisions of section 71(a), (b) and (c) of the army act, 1950 are unconstitutional and ultra vires.2. the facts in brief are that the petitioner while working as a nayak, certain charges were levelled against him ..... rigorous imprisonment is disproportionate to the offence committed by the petitioner.7. the prime relief sought by the petitioner is to declare the provisions of section 71(a), (b) and (c) of the army act as unconstitutional and ultra vires. therefore, it is necessary to refer to the judgment of the supreme court in ram sarup v. union of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALD(Cri)42; 1997(2)ALT311
..... ) was already administered to him and therefore no further enquiry could be conducted; the action tantamounted to double jeopardy, violative of article 20 of the constitution and section 121 of the army act, 1950, for short 'the act', and rule 53 of the rules; summary of evidence was recorded contrary to the rules and in violation of principles of natural justice. the g.c.m ..... for more than one reason. initially, the petitioner was charged under section 55(a). the charge- sheet dated 4-8-1988 issued under section 55(a) of the act reads:charge-sheet:the accused no. jc-95036 f sub(ta) kashmira singh, 2 training regiment, artillery centre, hyderabad is charged with:-army act wilfully destroyed propertysection 55(a) belonging to persons subjectto military lawin that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT745
..... herein for committing theft of the property belonging to the government. the chargesheet is dated 22-7-1986. the charges were framed under section 52(a) of the army act, 1950 (hereinafter referred to as the act) against the two petitioners herein and also against one naik sh. shajahan as accused no. 3. for the present, this court ..... court in som datt. v. union of india, : 1969crilj663 , wherein the supreme court held: '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. ..... the need for the restraint in its exercise and correspondingly, more liberal the construction of tine procedural safeguards envisaged by the statute. 15. the scope of section 164 of the army act came up for consideration in s.n. mukherjee v. union of india, : 1990crilj2148a and the apex court held: 'though a person aggrieved by the .....
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