Judgment Search Results Home > Cases Phrase: army act 1950 section 166 form of sentence of death Page 55 of about 564 results (0.095 seconds)

A.K. Shoukkathali Vs. the Union of India, Represented by Secretary to ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... the bullet hit the panel of the cook house and a splinter caused injury to another soldier. the court therefore found him guilty of two charges under army act section 69 and awarded him punishment appropriate to the offence committed. 7. the respondents have contended that the entire disciplinary proceedings against the applicant was conducted as ..... and thereafter have the evidence reduced to writing and if required order a trial by the summary court martial. these have been clearly indicated in army act section 120 and chapter v of the army rules. in the instant case, the matter was referred to the next superior hqs including brigade (sector), division (force) and corps hqs ..... , in the charge sheet signature of the accused was not obtained contrary to army rule 130. for conduct of the scm under army act section 69, reference and approval of the competent authority should have been taken as per section 120 of the army act which was not done. it is also submitted that memorandum in terms of ao .....

Ramesh Kumar Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)116; 1997(42)DRJ182

..... the service. (7) at the time when the petitioner approached the court, he in fact was aggrieved by the aforesaid punishment. the petitioner filed a statutory complaint under section 164 of the army act, 1950. the said complaint was considered by the order dated 17.8.94. the order passed in the statutory complaint reads as under:- 'the central government after considering the petition ..... aug 92 submitted by shri b.p. ojha, advocate on behalf of no.6378767h ex hav/cl ramesh kumar of reserve supply depot, lucknow under the provisions of section 164(2) of the army act, 1950, against the findings and sentence of scm, commute the punishment of reduction to ranks and one year rigorous imprisonment to 'severe reprimand' and remit the sentence of dismissal .....

Havaldar Tejbali Singh Vs. Major Nachhattar Singh and anr.

Court : Madhya Pradesh

Reported in : (1998)ILLJ82MP

..... brigade, who was served with a charge sheet on march 9, 1989. in summary court martial held under section 116 of the army act, 1950 the petitioner was found guilty and was dismissed from service. however, the brigade commander of the unit under section 162 of the army act converted the sentence of dismissal into one of discharge. the petitioner challenged the order by a petition- m ..... the petitioner are of no help to the petitioner.8. in case of lt. colonel k.d. gupta (supra), the supreme court in civil appeal directed the authorities of indian army to reconsider case of the employee for promotion on the basis of his medical categorisation continuing as s.i. the authorities denied promotion as lower medical catergorisation was not connected ..... s.k. dubey, j.1. in this petition under section 12 of the contempt of courts act, 1971 read with article 215 of the constitution the petitioner makes a prayer to punish the non-petitioners for not complying the order of this court dated july 23, 1996 .....

Jc 722890x Subedar B.K. Singh Vs Union of India and ors.

Court : Delhi

..... charges for which he had been tried and imposed a sentence of dismissal from service. the petitioner's statutory appeal under section 164 (2) of the army act, 1950 assailing the said order was dismissed by chief of army staff by an order passed on 13th june, 2002 and the findings and sentence of court martial was also confirmed.3. ..... r.s. nayak & anr. & (2007) 6 scc 528 dilip s. dahanukar v. kotak mahindra co. ltd. & anr.15. we find that challenge to the constitutionality of the army act, 1950 has been sustained by the apex court in the pronouncement entitled col. prithi pal singh bedi & ors. v. union of india & ors. (supra). the apex court had made observations ..... on the non-availability of a statutory appeal under the army act, 1950. the legislature has stepped in and provided for the lacunae by the enactment of the armed forces tribunal act, 2007.16. be that as it may, the petitioner did not challenge the provisions of the army act, 1950 when he filed the writ petition in 2002 on grounds .....

Union of India (Uoi) and ors. Vs. Xi Additional Chief Metropolitan Mag ...

Court : Karnataka

Reported in : 2002(5)KarLJ275

..... proceedings held at secunderabad. a witness staying in bangalore is required for examination. the summons were issued to the witness through magistrate under the provisions of section 135(3) of the army act. therefore, the assistant judge, advocate general, headquarters, southern command, made a request to chief metropolitan magistrate for issuance of warrant of arrest to the witness ..... the court declined to issue warrant of arrest by itself and thus rejected the request. being aggrieved, the present revision petition is filed. 4. the provisions of section 135 of the army act reads thus: '(1) the convening officer, the presiding officer of a court-martial, the judge, advocate or the commanding officer of the accused person may, by ..... to issue the warrant or arrest as prayed for. further, it is directed that the execution of warrant of arrest to be entrusted to the army authorities in view of the provisions contained in section 72 of the cr. p.c. accordingly, the petition is disposed off.

Kundan Singh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 2001(1)WLN135

..... , 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any ..... section 47 of the act of 1968. in this context, section 475 of the code of criminal procedure and sections 80 and 81 of the act of 1968 deserves to be noticed.15. section 475 of the code of criminal procedure reads as follows:475. (1) the central government may make rules, consistent with this code and the army act, 1950 (46 of 1950), the navy act ..... he is liable to be tried by a court martial, then such magistrate, unless he is moved by the competent military officer referred-to in section 125 of the army act to proceed against the accused under the amended cr.p.c. 1973, shall before so proceeding give written notice to the commanding officer of the .....

No. 15138812y L/nk Gursewak Singh Vs. Union Of India

Court : Supreme Court of India

..... j.factual aspects1 the appellant who was at the relevant time lance naik in the indian army was convicted by the court martial for the offence punishable under section 302 of the ipc (for short, ipc ) read with section 69 of the army act, 1950 (for short, the army act ). the court martial sentenced the appellant to suffer imprisonment for life. the court martial also ..... and haryana and by order dated 10.10.2018, the high court while dismissing the writ petition granted liberty to the appellant to avail remedy under section 30 of the armed forces tribunal act, 2007.2. on 4th december 2004, the appellant and deceased (lance naik kala singh) were posted for duty with the 13 field regiment at ..... consumed liquor. there was no premeditation. the appellant, in the facts of the case, cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to section 300 of ipc. the term cruel manner is a relative term. exception 4 applies when a man kills another. by .....

Ex Nk Sube Singh, S/O. Shri Roshan Lal Villalge Bas Duda District Rewa ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... . 3. learned counsel for the appellant has contended that the dcm erred in finding the appellant guilty of the offence under section 46(a) of the army act when there was no evidence to fasten his culpability for the said offence. the dcm arrived at the findings merely on conjectures and surmises. the statements ..... appellant. on 18.8.1992, the appellant was recommended to be tried by a district court martial, which found the appellant guilty of the offence under section 46(a) of the army act and sentenced him to undergo rigorous imprisonment for one year, which was subsequently reduced to six months, and to be dismissed from service. hence the appeal ..... 1. the challenge in this petition is directed against the order dated 25.11.1993, whereby the appellant was found guilty of the offence punishable under army act section 46(a) and sentenced to undergo rigorous imprisonment for one year and to be dismissed from service. however, while confirming the dcm proceedings, the .....

Raipur Development Authority and ors. Vs. Chokhamal Contractors and or ...

Court : Supreme Court of India

Reported in : AIR1990SC1426; 1989(1)ArbLR430; JT1989(2)SC285; 1989(1)SCALE1279; 1989(2)SCC721; 1989(3)SCR144

..... that time reads thus : (scr pp. 190-92)"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. ..... be consulted on any proposal to do so. as already stated, there is no express obligation imposed in the present case either by section 164 or by section 165 of the indian army act on the confirming authority or on the central government to give reasons for its decision. we have also not been shown any other ..... possible. this led to repeated statutory intervention. accordingly laws were passed from item to time to make the arbitration proceedings effective. the english arbitration act of 1950 and the english arbitration act, 1979 are the two major pieces of legislation which now control the arbitration proceedings in english. the legal requirements of an award under english .....

Union of India Through Secretary, Ministry of Defence, New Delhi and O ...

Court : Allahabad

..... court-martial. section 475 of the code of criminal procedure is extracted herebelow:-475. delivery to commanding officers of persons liable to be tried by court- martial. (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950 ), the navy act, 1957 (62 of 1957 ), and the air force act, 1950 (45 of 1950 ), and ..... court- martial for trial or to be examined touching any matter pending before the court- martial. 4. learned counsel for the petitioners further submits that there is army act, 1950 as well as rules framed thereunder which empowers the tribunal for trial of such cases, therefore, the transfer of the case cannot be denied. in the case ..... abundantly clear from the use of separate words.5. the learned magistrate does not dispute the authority of the court under the army act to try with the case.6. the provisions of section 475 of the code of criminal procedure are itself clear that when the person who is subject to military, naval or air .....