Court : Patna
..... of 1966 and such amendment apply to west bengal also, (ii) expiry of period of three years of limitation prescribed for court-martial proceeding by section 122 of the army act, 1950 would not confer jurisdiction upon the ordinary criminal court if it did not have initial jurisdiction due to non compliance as required by the code and the rules and (iii) ..... necessary to take a look at the aforesaid provisions :--code section 475. delivery to commanding officers of persons liable to be tried by court-marital -- (1) the central government may make rules consistent with this code and army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of .....
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..... did not regularise his leave, on the other hand, sentenced him to undergo for an imprisonment for 28 days, for committing the offence under section 39 of the army act, which provides punishment for a person who over stays the leave granted to him without sufficient cause.3. while the petitioner was undergoing an imprisonment ..... found guilty in a summary court-martial proceeding, it is necessary to refer to the relevant provisions of the army act. section 71 of the act which prescribes the punishment awardable by a court-martial runs as follows:section 71. punishment awardable by courts-martial. - punishments may be inflicted in respect of offence committed by persons subject ..... leave granted to him. the offence which the petitioner is alleged to have committed is under section 41(1) of the army act, 195u (hereinafter referred to as the act), which runs as follows:any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given .....
Tag this Judgment!Court : Patna
..... letter bearing no. ac/2007/10 dated 5.11.1996 to civil police authorities to apprehend him. subsequently, the said unit conducted a court of inquiry under section 106 of the army act and after expiry of 30 days he was declared deserter with effect from 15.10.1996. it has further been stated that award for declaring the deceased ..... declaration of desertion of the deceased employee with effect from 15.10.96 itself is misconceived as per the provisions of law as enunciated in note 8 of section 39 of the army act, which provides that when a person has been absent without leave for 30 clear days or has over-stayed his leave without sufficient cause for that period ..... paid to them, as the deceased employee was declared deserter. this court is unable to accept the said submission of the learned counsel for the respondents.8. section 106 of the army act provides for holding of a court of inquiry when a person has been absented from duty without due authority for a period of 30 clear days. rule .....
Tag this Judgment!Court : Patna
..... facie guilty for omission prejudicial to the good order and military reputation. in the meantime petitioner retired from service on 31.1.96. however the army authorities invoked section 123 of the army act putting the petitioner under close arrest. it is stated in the writ petition that in february, 1996 petitioner filed cr.w.j.c. no. ..... which the respondents purported to convene general court martial for commencing trial of the petitioner for the offence alleged to have been committed under the aforesaid sections of the army act. since a very limited question of law is involved in this writ application it would be suffice to state in brief the facts of the ..... court martial trial. the petitioner seriously objected to the validity, of the proceeding on the ground that the period of commencing of the trial under section 122 of the army act has expired. the contention of the petitioner is that instead of dropping the proceeding as being barred by limitation the respondents by the impugned order .....
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..... gazette as required by section 193 of the army act. section 193 of the act makes mandatory provisions of publication of rules and regulations. it provides ..... made by the learned counsel for the petitioner that the army regulations are statutory in character that is not borne out by the regulations themselves. the power to frame regulations has been provided under section 192 of the army act. the present army regulations do not appear to have been framed under section 192 of the army act not they appear to have been published in the official .....
Tag this Judgment!Court : Patna
..... the decision of the apex court in the case of union of india v. madan lal yadav, reported in : [1996]3scr785 , wherein while dealing with the provision of section 123 of the army act, the apex court held that the trial commences the moment general court martial (gcm) assembles to consider the charge and examine whether they would proceed with the trial or ..... offence is taken and process is issued to the accused for his appearance.28. in my view, in the said case, the apex court was considering the provisions of the army act and after considering the relevant provision, it held as aforesaid and while dealing with the said matter, the aforesaid observation has been made. but as stated above, a larger ..... .25. in the case of state of bihar v. p.p. sharma, reported in 1991 (2) pljr 11, a case under sections 409, 420, 468, 471, 120b of the i.p.c. and 7 of the essential commodities act was registered against p.p. sharma, an i.a.s. officer of this state and other persons. an application was filed for .....
Tag this Judgment!Court : Patna
..... of the no confidence motion. hence i have no manner of doubt that provision of section 44(4) of the act requiring seven clear days notice is mandatory in nature.' 5. in the present case undisputedly notice is dated 3.10.2002, whereas the meeting was fixed ..... legislature has provided for seven clear days notice so as to enable the elected representatives to deliberate and defend the motion. in my opinion if the provisions of section 44(4) of the act is held to be directory, same, may in a given case, will not provide to the office-bearer sufficient time to convince the member the futility ..... a statute provides for stated period of notice to be given, this requirement must be met, otherwise the meeting will be invalid. in the present case, section 44(4) of the act had in no uncertain term provided for seven clear days notice which would obviously mean that the notice shall be exclusive of the day on which it is .....
Tag this Judgment!Court : Patna
..... the petitioner against his sentence.2. although it was still open to the petitioner to make a petition against his sentence in terms of section 164(2) of the army act, 1950, he chose to come to this court in this writ petition filed under article 226 of the constitution seeking to challenge the proceedings of ..... the court martial and the sentence given to him. learned counsel appearing on behalf of the petitioner stated that the petitioner considered the filing of a petition under section 164(2) of the army act ..... , an exercise in futility as he did not except any justice from the authorities mentioned in that section. learned counsel, therefore, persisted that this writ petition should be considered and disposed of by .....
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..... shall be deemed on duty at the relevant time. this benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy air force act.10. for appreciating the effect of these rules to a person who is on leave, it would be advisable to refer to the 'leave rules' for the services ..... in observing that the clause (f) provides that the said benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy/air force act. in our considered opinion, the learned single judge was also not justified in applying the provisions of rule 173 of pension regulations for the ..... army, 1961 part-i because present is not a case where the incumbent was invalidated from service on account of his disability on the ground that it was directly attributable .....
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..... the petitioner has prayed for quashing the order dated 11.1.94 as contained in annexure 7 by reason of which statutory complaint of the petitioner under section 27 of the army act, 1950 has been rejected. a prayer has also been made to direct the respondents to re-consider the case of the petitioner for promotion.2. that ..... facts of the case lies in a narrow compass : the petitioner joined as second lieutenant in the corps of signals in the year, 1963 and got commission in the army service ..... remarks of the person considered for promotion. their lordships were also satisfied on perusal of the relevant records of adverse remarks made by the chief of the army staff against the appellant which were based upon consistent report of the court of enquiry regarding the responsibility and the role played by the appellant in professing some .....
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