Judgment Search Results Home > Cases Phrase: army act 1950 section 168 execution of sentence of transportation Page 5 of about 87 results (0.043 seconds)

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

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 .....

Dr. Subhendu Sen (Vsm) Vs. Government of India and ors.

Court : Andhra Pradesh

Reported in : 1998(1)ALD773

..... and (4) that he absented without leave from 8-2-1993 to 74-1993. the first three charges were framed under section 52(b) and the 4th charge was under section 39(a) of the army act, 1950.4. the general court-martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. during the proceedings 32 persons ..... levelled against the petitioner. no illegality appears to have been committed by the respondents and their appears to be a substantial compliance with the provisions of the army act, 1950 and the rules made thereunder in recording a finding of guilt by the concerned authority for the misconduct proved to have been committed by the petitioner. ..... court-martial, mitigate or remit the punishmentthereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. section 160 of the army act provides for revision of finding or sentence and lays down as under:'(1) any finding or sentence of a court martial which requires confirmation may .....

Balwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... arrested in pursuance of the arrest warrants. they were charged before the court martial for offences under section 63 of the army act. the court martial proceedings took place in accordance with the procedure prescribed by the army act 1950 and army rules 1954 as applicable to the members of gref and on being convicted, they were dismissed from service ..... nor any material was placed before us to show that any such notification in respect of gref was issued by the central government under section 2(1)(i) of the army act 1950. on record it has come that the petitioner had earlier filed writ petition being cwp no. 1262 of 1999 in respect of the ..... central government issued notification no. sros 329 and 330 dated 23rd september, 1960 making section 21 of the army act 1950 and chapter iv of the army rules 1954 applicable to general reserve engineering force. therefore, the personnel of gref are governed by the army act. in support of the above, reliance has been placed to the judgment of honble .....

Rudra Harish Vs. Union of India Represented by Chief of Army Staff and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... by commanding officer(a)osl-103 days28 days riaa sec 39(b)army act sec 80(b)osl-10 days07 days ri and 14 days pay fineaa sec 39(b)army act sec 80(c)osl-15 days07 days riaa sec 39(b)army act sec 80(d)osl-05 days07 days ri and 14 days pay fineaa sec 39(a)army act sec 80 the petitioner was encouraged at all times ..... 28th december 1988. his reply to the show cause notice was examined. in this reply, the petitioner mentioned that he was no longer interested in serving in the army. commander 102, infantry brigade approved his discharge and he was discharged on 19th march 2012. the discharge of the petitioner is in consonance with the regulations and rules ..... as enunciated in army law and therefore, the application be dismissed being devoid of merit. 4. heard both sides and examined documents. 5. the only point that needs to be determined .....

Mahabir Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 1977CriLJ1534

..... shall be deemed to have been done or taken ... ... ... ... the army act, 1950, as amended by this act, as if this act had come into force on ..... also not been framed. the amendment act was preceded by the air force and army laws (amendment) ordinance and the said ordinance came into force on 25-1-1975. section 4(1) of the amendment act repealed the ordinance but section 4(2) provided thatnotwithstanding such repeal, anything done or any action taken under the air force act, 1950 or the army act, 1950 as amended by the said ordinance .....

Sep. Satgur Singh Vs. Union of India

Court : Supreme Court of India

..... 1 aft13)4) 5) (d) u/s 39(b) of army act (e) u/s 63 of army act (f) u/s 39(b) of army act (g) u/s 63 of army act 07 days ri on 02.11.2000 02 days ri on 15.11.2000 05 days ri on ..... year 2004. the details of his punishments seven times are as under: (a) u/s 39(a) of army act (b) u/s 51 of army act (c) u/s 39(a) of army act 21 days ri on 02.09.1995 28 days ri on 07.09.1995 21 days ri on 04.08.1998 ..... family circumstance. thus, he has been given adequate opportunity to put his defence. therefore, the parameters laid down in para 5(a) of the army instructions dated december 28, 1988 stand satisfied. in reply to the show-cause notice, the appellant has not given any explanation of his absence from ..... , therefore, he be discharged from service. learned counsel for the appellant relied upon judgment of this court in veerendra kumar dubey v. chief of army staff & ors.2 wherein, it has been held that the red ink entries by itself would not be sufficient to discharge any person, but .....

Varghese Vs. State of Kerala

Court : Kerala

Reported in : 2005(2)KLT802

..... bailable offence, when the accused is brought or has appeared before the magistrate.6. section 70 of the army act, 1950, in short 'the army act', lays down that if a person subject to the army act commits an offence of murder, against a person not subject to the army act, that person shall not be tried by a court martial, unless he committed the ..... while in active service, or at any place outside india, or at a frontier post as notified by the government in this behalf.7. sections 125 and 126 of the army act are dealing with the situations where both the criminal court and court martial have got jurisdiction in respect of an offence and the procedure that ..... thereafter. in the case at hand, the offence had taken place not against any person subject to the army act, and the first accused, petitioner, is also not covered by any of the conditions contained under section 70 of the army act. therefore, under the available facts of the case, the magistrate can proceed against the accused, as per .....

A. Chandra Babu Naidu Vs. the General Officer Commanding-in-chief

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... 7 days pay fine imposed by the competent authority, then he would have applied for leave declining to accept any further duty like sentry duty. under section 64(c) of army act, if a personnel attempts to commit suicide due to mental illness or stress and strain, he will not be relieved off from the punishment. the defence ..... take an extreme step of committing the offence of attempting to commit suicide. but, in our considered view, the reason for committing an offence under section 64(c) of the army act ie., attempting to commit suicide is not a point to be considered to set aside the impugned order. the only valuable ground of defence the ..... on behalf of the applicant/appellant would focus the attention of this tribunal contending that the punishment awarded to the applicant/appellant for an offence under section 64(c) of the army act is disproportionate and without considering the mental status of the accused, the extreme penalty has been awarded to the applicant/appellant and the same is .....

Lt. Col. S.S. Chahal Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... is prescribed only under the administrative instructions which cannot be taken into consideration. the respondents did not move against the petitioner under section 19 of the army act, 1950 read with rule 14 of the army rules 1954. the 1978 instructions had not contained any provision to place a d.v. ban, if action is contemplated under ..... 7 contracts valued at rs. 44 lacs (approximately) and issued supply orders worth over rs. 7 lacs. for this, the petitioner was tried under army act section 63 for 'an act prejudicial to good order and military discipline'. in the second charge, it was stated that ' he at chandigarh, on 1.10.1985, while performing ..... respondents from taking administrative action on the same allegations. the respondents had, therefore, decided to initiate proceedings against the petitioner under section 19 of the army act, read with rule 14 of the army act, much before, the dv ban had been imposed against the petitioner. therefore, even if the petitioner had been put in the .....

Madan Lal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : (2002)10SCC185

..... has the jurisdiction to try a person who commits an offence has to be adjudged from the provisions of the army act itself and not with reference to the criminal procedure code. a bare reading of section 70 of the army act makes it crystal clear that a person who commits an offence of murder against a person not subject to military, ..... that the court martial had no jurisdiction to try inasmuch as the appellant was charged with the offence of attempting to commit rape and section 70 of the army act excludes the same from the purview of the court martial. the high court in the impugned judgment did consider the aforesaid question and interpreting ..... proceeding of court martial under the provisions of the army act, 1950 whereunder he has been found guilty and has been sentenced to imprisonment for 2 years and has also been dismissed from service. the appellant after exhausting the remedies available to him under the provisions of the army act moved the high court under article 226 of the .....