Judgment Search Results Home > Cases Phrase: army act 1950 section 166 form of sentence of death Page 11 of about 564 results (0.147 seconds)

Gurnam Singh Ic - 28082 K Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2008(104)DRJ505

..... now and, thereforee, the decision of gcm on this aspect was not correct and was a fatal impropriety per se in view of rule 62 of the army rules and section 139 of the army act. he also placed reliance upon the judgment of this court in lt. col. r.s. bhagat v. union of india : air1982delhi191 .18. we ..... aforesaid, the general court martial found the petitioner guilty of both the charges and cashiered him from service. the petitioner filed post-confirmation appeal under section 164(2) of the army act. during the pendency of the said statutory petition, the petitioner received show-cause notice dated 17/21.10.1988 asking him as to why his pension ..... punishment is that not only the petitioner lost his job, it deprived him of his pensionary benefits as well. the petitioner preferred a statutory petition under section 164 of the army act. the competent authority in the ministry of defence, govt. of india, though maintained the guilt and conviction of the petitioner and thus rejected the statutory .....

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 114(2004)DLT792; 2004(77)DRJ480

..... or to lay down any condition or restriction or reservation on the power of such confirming authority otherwise than by virtue of issuance of a warrant under section 154 of the army act, 1950.21. there is no dispute that respondent no.4 was functioning as goc, 11 corps. since the sentence awarded to the petitioner in the instant ..... entitled k.k. taneja v. union of india & anr. however, we find that in this case, no warrant authorising an officer in terms of sections 154 and 166 of the army act, 1950 was produced before the court. as such, the ratio of this judgment would have no application to the instant case.32. the questions raised by the ..... same have not attained the force of law. according to the respondents, no regulations have been framed under the provisions of the army act, 1950 till date as envisaged under section 192, 193 and 193a of the act. the defense service regulations are not statutory in nature and it is so indicated in the preface thereto. thereforee, such regulations, .....

C. Ramanujan Vs. State of Mysore

Court : Karnataka

Reported in : AIR1962Kant196; AIR1962Mys196

..... court, it would be no longer be possible for the military authorities to ask for an order for delivery of the offender under section 549 of the code of criminal procedure. section 125 of the army act which confers which tribunal the offender shall be tried, does not provide for the delivery of the offender to the military authorities. the ..... delivery to them.(6) the clear effect of the three statutory provisions to which i have referred, viz., section 125 of the army act, section 549 of the code of criminal procedure and rule 3 of the rules framed under section 549, is that if a person commits an offence for which he could be tried under the code of ..... .(10) this argument rests entirely upon the expression 'shall be instituted' occurring in s. 125 of the army act. i do not consider this argument to be substantial.(11) it is no doubt true that section 125 of the army act, says that it is for the military authorities to decide whether the proceedings shall be instituted before a criminal .....

Mulkh Raj Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1983CriLJ1794

..... forces. as held by their lordships in ram sarup v. union of india : 1965crilj236 taking away this right is not restricted, to section 21 of the army act, but every provision in the army act which abridges or abrogates any fundamental right of the members of the arnied forces, is covered by article 33 of the constitution, which can ..... simultaneously taken cognizance of the offence to give rise to any conflict of jurisdiction between it and a court martial. respondent no. 4 having plenary powers under section 125 of the army act to have the petitioner tried by a g. c. m. and the criminal court and court martial (adjustment of jurisdiction) rules, 1952 not being ..... under which exemption to supply the aforesaid material was claimed by the central government is violative of articles 21 and 22 of the constitution, even section 164(2) of the army act, which does not envisage a right of personal hearing or hearing through a counsel in a convict is ultra vires the constitution and opposed to the .....

Sep Ashok Kumar Vs. Chief of the Army Staff and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... by cdr meerut sub area (annx p-3). we notice from the show cause notice that on 16 dec 1992 the applicant was charged under army act section 48 (2) intoxication and army act section 40 (c) using insubordinate language to a superior officer. there are two punishments recorded that it is 7 days ri in military custody and ..... same. all the punishments awarded by col e t mathew were as follows : (a) 22 dec 1992 - army act section 48 - intoxication and insubordinate language. (b) 17 nov 1993 army act section 63 - unauthorised possession of govt property. (c) 19 nov 1993 army act section 41 (2) - disobeying lawful command of superior officer. 17. the applicant was serving with vsd which, although ..... entries as under:-ser no.date of offencetype of offencepunishment awarded(a)25 dec 91aa sec 48 intoxication1. deprived of acting rank of naik2. pay fine of 14 days(b)16 dec 9(i) aa sec 48 (2) intoxication(ii) aa sec 40 (c) using insubordinate language to his superior officer7 days ri in military custody. .....

Lt Col Hardev Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... is against the general court martial proceedings, whereby the appellant (lt col hardev singh) was held guilty of having committed the offence under section 69 of the army act read with section 354 of the indian penal code and sentenced to be dismissed from service. the writ petition stood transferred to this tribunal and was treated to ..... accused. it is not for the accused, in any situation, to question the provisions contained in army act section 125. in order to answer the rival contentions made by learned counsel for the parties, it would be useful to quote army act sections 125. it reads: 125. choice between criminal court and court-martial. when a criminal court ..... it should have been tried by a civil court and the provisions of section 69 of the army act were illegally applied in this case. 14. this was responded to by counsel for the respondents by stating that the provisions contained in army act section 125 are not discriminatory and they give discretion to the authority to decide .....

Rajbir Singh Sepoy/Lans Naik Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... . 37-e dated september 5, 1977, which is to the following effect :-'14. s.r.o. 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no. sro 6-e, dated the 28th november, 1962, the central ..... government hereby declares that all parsons subject to that act who arc not on active service under clause (i) of section 3 thereof shall, while serving in ..... the court before which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.'8. under section 70 of the army act, an offence of murder against a person not subject to military, naval or air force law or of culpable homicide not amounting to murder or of rape .....

Ous Kutilingal Achudan Nair and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1179; 1976LabIC780; (1976)2SCC780; [1976]2SCR769; 1976(8)LC43(SC)

..... that the members of the appellants' unions are not subject to the army act as they do not fall under any of the categories enumerated in sub-clauses (a) to (i) of section 2 of the army act, 1950, and that the impugned notifications are ultra vires the army act and are struck by articles 19(1)(c) and 33 of the ..... the military law. the army act, 1950, has also been made applicable to them. by another notification dated 23.2.1972, issued under rule 79, of the army rules, civilian employees of the training establishments and military hospitals have been taken out of the purview of the industrial disputes act.15. section 9 of the army act further empowers the central ..... maintenance of discipline among them.11. in enacting the army act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the operation of .....

Kailash Chandra Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... findings are not supported by evidence. it was reiterated that the dismissal from service is not a punishment contained in the hierarchy of punishment as listed in army act section 71 or section 40(b). therefore, that illegal punishment needs to be set aside and the appellant be reinstated in service with all consequential benefits. 6. counsel for the ..... , the second punishment of dismissal was converted into discharge. 4. it was argued by counsel for the appellant that dismissal was not a punishment as listed in army act section 71, wherein the punishments which are awardable by a court martial are listed. therefore, for the goc-in-c to award him this punishment was illegal and ..... taken, which culminated in the scm of 31.8.1995, wherein he was awarded three months rigorous imprisonment and dismissal from service, for three charges as under: army act section 36(c) leaving his post without orders from his superior officer. in that he, at unit loc, between 0045h and 0130h on 12 aug 95, when on .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... in the manner as is being done. if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. since the writ of habeas corpus is being ..... court martial and the enhanced sentence, as imposed on petitioner no.1, was confirmed by the confirming authority. petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. was confirmed. this petition ..... respondents is without jurisdiction. not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. counsel further contends that this is being done while misinterpreting the order passed by the principal bench of the tribunal at delhi. before filing the .....