Judgment Search Results Home > Cases Phrase: army act 1950 section 166 form of sentence of death Page 42 of about 564 results (0.166 seconds)

Joginder Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Reported in : AIR1971SC500; 1971CriLJ511; (1971)3SCC86; [1971]2SCR857

vaidialingam j.1. in this appeal, on certificate issued by the delhi high court, the appellant who is governed by the army act, 1950 (hereinafter referred to as the act) challenges the legality of his trial and conviction for an offence under section 376 i.p.c. by the assistant sessions judge, nahan.2. the main attack leveled against the proceedings is that the material provisions ..... defence, had issued the following notification on november 28, 1962 :in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declare that that all persons subject to that act, who are not on active service under clause (i) of section 3 thereof, shall, where ever they may be serving, be deemed to be on active service .....

Roshan Lal Vs. State

Court : Delhi

Reported in : 1971CriLJ554

..... of the code of criminal procedure. in the case of joginder singh v. state 1969 dit 1, the accused, who was subject to army act, had been convicted in a case under section 376. indian penal code, by assistant sessions judge. on appeal the conviction of the accused was affirmed by the learned sessions judge. the accused then ..... find that the offences of rape of swaran lata is also triable by court-martial according to section 70 of the army act because mela ram should be deemed to be on active duty in view of the notification under section 9 of the act. the material on the record, however, indicates that hc gian singh was sent by si mohinder ..... court martial. reference in this connection has been made to section 2 of the army act which provides inter alias that a person enrolled under the act shall be subject to that act, section 3(i) of the act defines 'active service'. 'civil offence' has been defined in clause (ii) of that section as meaning offence which is triable by a criminal court. .....

Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...

Court : Supreme Court of India

Reported in : [1989]3SCR144

..... prevailing legal decision in england at the time reads thus: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 ..... submitted that the provision with regard to the statement of the case by an arbitrator to the court contained in clause (b) of section 13 of the act, i.e., the indian arbitration act, 1950, being one which could be exercised at the option of the arbitrator and there being no power for the court to compel the ..... contravention of the rules of natural justice or action in excess of jurisdiction. in the case of the english courts these powers are conferred by sections 22, 23 and 24 of the arbitration act, 1950.powers of review4. most systems of law adopt the philosophy that the parties, having chosen their own tribunal, must accept its decisions 'with all .....

Col. Jagmohan Singh and ors. Vs. the State of Manipur and ors.

Court : Guwahati

..... a serious note should be taken of any violation of the instructions, and the persons found responsible for such violation should be suitably punished under the army act, 1950. in para 61 of the judgment, the supreme court held as follows :61. in order that the people may feel assured that there is an effective check ..... and, if it is found that there is substance in the allegation, the victim should be suitably compensated by the state and the requisite sanction under section 6 of the central act should be granted for instruction of prosecution and/or a civil suit or other proceedings against the person/persons responsible for such violation. 24. in the ..... having regard to the nature of the enquiry to be made and other circumstances of the case, all the provisions of sub-section 2 of section 3, sub-section (4) and sub-section (5) of section 5 of the commissions of inquiry act, 1952 (60 of 1952) should be made applicable to the said commission and the governor of manipur, in exercise of the .....

P.K. Palanisamy Vs. N. Arumugham and anr.

Court : Supreme Court of India

Reported in : 2010(1)AWC498(SC); JT2009(10)SC79; 2010(2)MhLJ84(SC); (2009)8MLJ123(SC); 2009(10)SCALE79; (2009)9SCC173

..... the order of discharge of the appellant by the competent authority does not take away the jurisdiction of the authority under section 22 of the army act. therefore, the order of discharge of the appellant from the army service cannot be vitiated on this sole ground as contended by the learned counsel for the appellant.in n. mani v ..... : 2007(9)scale197 , it was held:.it appears that the competent authority has wrongly quoted section 20 in the order of discharge whereas, in fact, the order of discharge has to be read having been passed under section 22 of the army act. it is well settled that if an authority has a power under the law merely because ..... and rightly held to have exercised its jurisdiction.7. when a plaint is presented ordinarily it should be accompanied with the requisite court fees payable thereupon. section 4 of the court fees' act, 1870 mandates the same in the following terms:4. fees on documents filed, etc., in high courts in their extraordinary jurisdiction: no document of .....

Pratap Singh Vs. Chief of Army Staff and ors

Court : Delhi

..... inasmuch as we note that vide sro no.161 dated 11.6.1979, in exercise of the power conferred by section 8 of the army act 1950 the central government prescribed the officers listed in the sro with the powers under the army act with respect to persons under their command. the commandant central ordnance depot delhi finds a mention in the notification ..... prescribed by the rule, there is no scope to issue a policy guideline with respect to the procedure to be followed. 19. the procedure under rule 13 of the army rule simply contemplates a prior notice to the person concerned before exercising power under the rule. 20. that apart, it escaped the notice of the division bench of ..... be noted that in august 1997 a show cause notice was issued to the petitioner requiring him to respond to the proposed action of his being discharged from service under army rule 13(3) item iii (4). the action was proposed on the fact that till 1997, 4 red ink entries pertaining to 4 misdemeanours for which petitioner .....

Shyam Rumar Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1981Delhi498; 1981LabIC1066; 1981RLR121; 1981(2)SLJ337(Delhi)

..... army ranks. the defense services regulations were also framed in 1962. but they are not framed under ..... services regulation, 1962. in other words, the question is whether the chief of the army staff can declare a person 'unfit' for promotion where the selection board has declared him 'fit'. (2) the army act was passed in 1950. the statutory rules were framed in 1962. section 192 of the army act empowers central government to make regulations for all or any of the persons of the .....

Veer Bhan (Sepoy) Vs. the Chief of the Army Staff and anr.

Court : Delhi

Reported in : 114(2004)DLT667

..... also the findings and sentence imposed thereon.17. however, since we have heard counsel on the other aspects of the matter, we may comment on the same as well. section 115 of the army act, 1950 reads as under:-' 115. general plea of 'guilty' or 'not guilty' (1) the accused person's plea - 'guilty' or 'not guilty'(or if he ..... court martial dated 11th july, 1994 whereby the petitioner was found guilty of the charge under section 52(b) of the army act, 1950 and was sentenced to rigorous imprisonment of four months and dismissal from service.2. the petitioner joined the indian army as sepoy in the jat regiment in the year 1980 and claims that he has discharged ..... with all consequential benefits. in as much as we find that the proceedings were held in violation of the rights of the petitioner and specific provisions of army act, 1950 and army rules, 1954, we award back wages as well to the petitioner. the respondents are directed to take all necessary steps for re-instating the petitioner and .....

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 .....

Sub. B.K. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2008(2)SLJ287(Delhi)

..... 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 ..... the same provide for denial of pensionary benefits upon dismissal of the defense personnel. under regulation 16 (a) when an officer, as defined in section 3(xviii) of the army act, 1950 is cashiered, dismissed or removed from service, the president has the discretion of either forfeiting the pension or ordering that he be granted pension at ..... 2001, in the light of proceedings of the said court martial and all relevant documents on record.2. the petitioner was arraigned on six charges, all under army act section 53 (a) for 'committing extortion'. the accused pleaded not guilty to all the charges. however, the court after trial found him not guilty of third, .....