Judgment Search Results Home > Cases Phrase: army act 1950 section 168 execution of sentence of transportation Sorted by: old Page 1 of about 87 results (0.181 seconds)

Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1986)2GLR1352

..... or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.3. the army act, 1950, is an act to consolidate and amend the law relating to the government of regular army. in the statement of objects and reasons, it is stated as under:the main objects of the revision of the ..... the matter of punishments for offences and on the other, to eliminate the disparity between the corresponding provisions of the law governing the army and the air force.4. the army act provides in the chapters vi to xiv (section 34 to 190) to the following effect:chapter vi - offences.vii - punishments.viii - penal deductions.ix - arrest and proceedings ..... virtue of the provisions of articles 33 and 227 of the constitution, and having regard to the self-contained nature of the army act, it is not possible to hold that the provisions of section 428 regarding set off would be applicable in the case of convicts of court martial for military offences.8. the learned counsel .....

Respublica Vs. Carlisle

Court : US Supreme Court

..... with respect to this third species of treason, the legislature has further explained the meaning of the words, aiding and assisting, to be, 'by joining the armies of the enemy, or by enlisting, or procuring, or persuading others to enlist for that purpose; or by furnishing such enemies with arms or ammunition, provision ..... finally over-ruled by the court, who gave judgment for the commonwealth; and the defendant, a short time afterwards, was accordingly executed. footnotes [ footnote * ] an act of assembly passed the 3rd december, 1782, has encreased the number of treasons, by declaring, that 'erecting, or endeavouring to erect a new and independant government within this ..... arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania.' the attorney general offering a witness to .....

Respublica Vs. Malin

Court : US Supreme Court

..... of the commonwealth. fost. 11. for, joining the army of an enemy, has always been held prima facie evidence of an overt act. and-- page 1 u.s. 33, 35 by the court it was accordinglly ruled, that evidence might be given of an overt ..... which it is committed. cro. c. 247. 4 bl. c. 301. 3 inst. 48. 49. 80. and that the circumstance of merely joining the enemy's army, being neither treason, nor misprision of treason, unless done with a traiterous intention, no overt act had been proved in chester, which was a prerequisite to any evidence being heard of an overt ..... proved in the county where the trial is held, corroborative evidence may be given of overt acts committed in any other county. fost. 9. 2 hawk. 436. and that having established the prisoner's presence with the british army, nothing, but the proof of actual force, and its continuance, could excuse him from the charge of adhering to the enemies .....

Respublica Vs. Roberts

Court : US Supreme Court

..... a witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the british army; but that he did not succeed. this gave rise to a question on these words of the act of assembly: 'that if any person or persons knowingly and willingly shall aid or assist any enemies at open war ..... now offered will be proper, in confirmation of their testimony. one of the overt acts, then, laid in the indictment, is aiding and assisting the enemy by joining their armies, and this has been legally and satisfactorily proved. notwithstanding, therefore, the other overt act of giving intelligence to the enemy, is not supported by any evidence, but the defendant ..... respublica v. roberts 1 u.s. 39 (1778) by the court: there is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavoured to persuade others to enlist, in the armies of the enemy. but we are of opinion, that the word persuading, used by the legislature, means .....

Respublica Vs. Sweers

Court : US Supreme Court

..... continental congress, to make purchases of military stores, and of divers other articles, necessary and fitting in the preparation of military stores, for the use of the armies aforesaid, and to make payments, and take receipts, bills of parcels, and other vouchers therefor. and the jurors aforesaid, upon their oaths and affirmations aforesaid, ..... necessary that some person should be actually prejudiced. this rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature. upon the whole, we are of opinion, that your conviction has been legal, as well as just; and, therefore, it ..... parcels, and other vouchers, for military stores, and for divers articles, necessary and fitting in the preparation of military stores, purchased for the use of the armies aforesaid, and to keep the accounts thereof: and the jurors aforesaid, upon their oaths and affirmations aforesaid, do further present, that the same cornelius sweers, on .....

Respublica Vs. Mccarty

Court : US Supreme Court

..... 86 (dall.) republica v. m'carty* supreme court of pennsylvania april term, 1781 the defendant was indicted for high-treason, in levying war, &c.; by joining the armies of the king of great britain. on the trial, the attorney general offered to give the confession of the party in evidence made at the time of his arraignment; ..... but ingersoll objected, that a confession could only be admitted to be given in evidence by way of corroboration, and that, therefore, an overt act should be first proved. fost. 10. 240. bradford, attorney general, contended, that the confession proved by two witnesses was of itself sufficient; but that, independent of that ..... the crime imputed to the defendant by the indictment, is that of levying war, by joining the armies of the king of great britain. inlisting, or procuring any person to be enlisted, in the service of the enemy, is clearly an act of treason. by the defendant's own confession it appears, that he actually enlisted in a .....

Respublica Vs. Chapman

Court : US Supreme Court

..... of all the acts of assembly should be suspended; yet, in the close of the same section, obedience to those acts, to the common law, and to so much of the statute law of england, as have heretofore been in force in pennsylvania, ..... this commonwealth, who now adhere to, and knowingly and willingly aid and assist the enemies of this state, or of the united states of america, by having joined their armies within this state, or elsewhere, or who hereafter shall do the same, and whom the supreme executive council of this state, by their proclamations to be issued under the ..... of george the third, ceased any longer to derive their virtue and validity from that source. but there is great inaccuracy in penning the act; for, though it would seem, by the former part of the second section, to be the sense of the legislature, that from the 11th of may 1776, to the 10th of february, 1777, the operation .....

Wilcox Vs. Henry

Court : US Supreme Court

..... state would have attached first, if the plaintiffs had not obtained a prior possession by the actual delivery of the salt; yet, that having a possession before the american army entered, and even before the evacuation of the british, no such right could possibly attach. the chief justice delivered a charge to the jury of the following purport. ..... the business now stands, the subjects of great britain may, perhaps, claim a revival of the debts due to them from the citizens of america, whilst we, by their acts of parliament, are debarred of the like privilege. it is hard that the people of america should, during the war, receive page 1 u.s. 69, 72 continental ..... the evacuation, to purchase the salt; that for three or four weeks before the evacuation, the citizens of philadelphia supposed it was intended; that the whole of the british army did not finally leave the city till the morning of the 18th, though their shipping, for a fortnight before, had been, from time to time, dropping down the .....

Respublica Vs. Doan

Court : US Supreme Court

..... particular we would refer council to 4 burr.2527 and to 2577, where almost all the authorities are collected together and fully considered. sixth. in the act for the advancement of justice, &c.; sec. 17. the legislature have declared, 'that the party indicted of a capital offence, not yielding his body to the sheriff at the return of the ..... shall be awarded against him, but no sentence pronounced, because the outlawry is a judgment, and no man shall have two judgments for one offence.' 2 hawk.chap.48. sec. 23.so.447, and the cases there cited. but in the present case, the judgment was pronounced before by this same supreme court, that aaron doan is outlawed ..... has represented to us by petition, that, at the time, when the outlawry was sued forth against him, he was in new york, then in the possession of the british army. what regard ought to be had to that circumstance, you, gentlemen, can determine. i am with respect, gentlemen, your most obedient and very humble servant, john dickinson. [ .....

Talbot Vs. Commanders and Owners of Three Brigs

Court : US Supreme Court

..... prize, and those in other cases. his title by law is, 'judge of the admiralty.' the reasonable and legal meaning of the 3rd, 4th and 6th sections of the law under which he acts, is, that in trying a cause of prize, the vessel or goods taken, must be within his jurisdiction, precinct and power. they are these, 'that ..... several following resolutions, prior to the confederation; which were in force at the time of the capture made by captain talbot, and which were the ground-work of the ninth section of the confederation, 'november 25, 1775. that it be recommended to the several legislatures, as soon as possible to erect courts of justice, or give jurisdiction to the ..... the colonies, shall be deemed and adjudged to be lawful prize. vessels and goods taken near the shores of a colony, by the people, or a detachment of the army, shall be deemed lawful prize, and condemned in the court of admiralty of that colony. commissions to be obtained, and bonds to be given for observance of instructions from .....