Court : Allahabad
Reported in : AIR1937All129
..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....
Tag this Judgment!Court : Allahabad
Reported in : 9Ind.Cas.1023
..... deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the ..... a decree for the realization of such future and unascertained sums against any of the defendants.12. there remains the second objection. the army act 1881 (statute 44 and 45 vict. ch. 58 in section 135 enacted that the pay of an officer of her majesty's regular forces shall be paid without any deduction other than the ..... 14. instalments so directed would be authorized deductions in the sense of the words used in section 136 and to order such instalments would be within the jurisdiction of the subordinate judge. but in 1895, the army (annual) act 1895 repealed section 151 of the army act (44 and 45 vict. c. 58) and to direct in india any deduction from .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202
..... was awarded following punishments :(a) to suffer rigorous imprisonment for three months in civil jail,(b) to be dismissed from service.4. petitioner filed statutory petition under section 164(2) of army act, 1950, which was kept pending and not decided hence the petitioner filed a writ petition no. 37038 of 1998. ex. sep. d/r m.z.h. khan ..... also be given to him.'14. from the facts of the case, it is clear that the petitioner was not in active service as defined in section 3(4) of army act, 1950, hence the charge-sheet was required to be given to him at least before 96 hours of his arraignment. copy of the charge-sheet has been ..... dated 4.4.1998. the counsel for the petitioner has complained violation of section 169(3) of army act, 1950 and rule 203 of the army rules, 1954, section 169 of the act provides :'169. execution of sentence of imprisonment.--(1) whenever any sentence of imprisonment is passed under this act by a court martial or whenever any sentence of death or transportation is .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)1UPLBEC266
..... reasons for my conclusion, some of the relevant provisions of the army act and rules may be reproduced below:--the army, 1950--'section 120. powers of summary courts martial.--(1) subject to the provisions of sub-section (2), a summary court martial may try any offence punishable under this act.(2) where there is no grave reason for immediate action and ..... for but supplied to the petitioner for the first time alongwith the order dated 10.4.1993, that is after the decision on the petition under section 165 of the army act. thus, it is established from the record that the copy of the proceedings were not supplied to the petitioner within a reasonable time as required ..... the commandant had been taken before the commencement of the summary court martial on 10.3.1992 and thus, the proceedings were in accordance with section 120(2) of the army act read with para 459 of the regulations; and that adequate opportunity was afforded to the petitioner and he was given opportunity to cross-examine the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC892
..... is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/ discharge of undesirable jcos/wos/or4. ar 13 and 17 provide that a jco/wo/or whose dismissal or discharge ..... :---------------------------------------------------------------date of award under section punishment awarded---------------------------------------------------------------9.7.1986 section 39(b) of the army act 28 days ri and 14 days detention in military custody.28.1.1992 section 39(b) of the army act 7 days ri22.6.1992 section 29(b) of the army act 28 days ri1.8.1995 under section 39(b) of 28 ..... days ri and 14 days the army act detention in military custody.---------------------------------------------------------------4. it has also been stated .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1969; (2002)3UPLBEC2098
..... centre. hyderabad. when the petitioner re-joined on 12th november, 2001, after being absent for 53 days; 10 days rigorous imprisonment under section 39(a) of the army act, 1950 (hereinafter referred to as army act) was awarded to the petitioner. the petitioner was discharged from service with effect from 22nd march, 2001 under rule 13 (3) item ..... consideration in the present writ petition : (a) whether when a person has already been punished and awarded a sentence for an act which is an offence under section 39 of the army act, on same act can he be also discharged? (b) whether the principle of double jeopardy as enshrined under article 20(2) of the ..... the counsel for the petitioner made following submissions in support of the writ petition : (i) the petitioner was awarded 10 days rigorous imprisonment under section 39(a) of army act for his offence of being absent without leave. the subsequent discharge of the petitioner on same ground is impermissible and amounts to violation of protection .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC255
..... the petitioner and copy of that letter was also sent to the wife of the petitioner under section 105 of the army act, 1950. section 105 of the army act is quoted below :'105. capture of deserters--(1) whenever any person subject to this act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall ..... without leave for more than 30 days. thereafter, the petitioner was declared as a deserter vide order dated 20.6.1996. section 106 of the army act, 1950 deals with capture of deserters and inquiry into absence without leave. section 106 is quoted as below :'106. inquiry into absence without leave--(1) whenever any person subject to this ..... act has been absent from his duty without due authority for a period of thirty days a court of inquiry shall, as .....
Tag this Judgment!Court : Allahabad
Reported in : II(1998)DMC731
..... court' with reference to the said regulation is a court established under the ordinary law other than the courts established by the army act or in common parlance military court. therefore, pendency of the proceedings under section 125 is a proceeding, of which cognizance has been taken by a civil court of competent jurisdiction. as such by reason of ..... (b) as well as most offences under section 52 can also be tried by a court-martial or a civil ..... only being made and the offences other than those under the army act are to be treated as civil offences. regulation 419 provides that '(a) all civil offences except those specified in the army act section 70 can be tried either by court-martial or by a civil court, (b) offences under army act, sections 40(a), 47, 53(a) and (b) and 64 .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC392
..... and in deciding that the disciplinary proceedings should be proceeded with.3. in elaborating his said contentions, mr. mukherjee led me through various sections, rules and regulations of the army act, army rules and army regulations which shall be dealt with at appropriate stage. he also relied on a few decisions cited at the bar which shall be dealt ..... from the facts and circumstances of this case, relying on the said case. mr. mukherjee sought to argue that the note appended to the sections of the army act are part of the act. but the said contention is misplaced as has been held in the case of havildar clerk dharam singh v. union of india, 1996 (1 ..... the proceeding is vitiated by reason of non-compliance of rule 22.5. shri shishir kumar has taken me through various records as well as sections, rules and regulations of the army act, rules and regulations respectively. similarly mr. mukherjee has taken me through various records and materials placed before this court. shri shishir kumar had .....
Tag this Judgment!Court : Allahabad
Reported in : (1990)IILLJ109All
..... barrel gun, both of non-service pattern, said to be war trophies captured in 1971 war and entrusted to the petitioner's unit, punishable under section 52(a) of the army act, 1950. the charge-sheet dated september 18,1982 was issued by the commanding officer of the petitioner's regiment asking the petitioner to appear at the ..... cases triable by summary courts martial. the present being undisputedly a case of summary court martial as distinct from summary general court martial the provisions of section 130 of the army act cannot be pressed in aid by the petitioner.8. the second submission deserves a serious consideration. the argument was that there has been a patent ..... but he was also reduced to the rank which was grossly out of proportion to the alleged offence. there is no merit in this contention. section 77 of the army act provides:-'77. result of certain punishments in the case of a warrant officer or non-commissioned officer- a warrant officer or a non-commissioned officer sentenced .....
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