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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 .....

Ex Sub Dilbagh Singh Suhag Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... any reason to interfere with the findings of the gcm. 17. lastly, it has been pointed out that the proceedings of the gcm are barred by army act section 122. the fraudulent act came to light on 1.7.2003, when the audit detected the misappropriation. thereafter, internal investigation took place and a court of inquiry was conducted. the ..... rs.7,47,919/- (rupees seven lacs forty seven thousand nine hundred nineteen only), are credited in the ledger, thereby causing a loss to the government. ninth charge army act section 63 an omission prejudicial to good order and military discipline, in that he, at lucknow, between 08 october 02 and 22 may 03, which came to the knowledge ..... only), with intent to defraud, did not take action to credit the said stores in the ledgers, thereby causing a wrongful loss to the government. seventh charge army act section 63 an omission prejudicial to good order and military discipline, in that he, at lucknow, between 19 august 02 and 22 may 03, which came to the .....

Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... petitioner on the basis of the charges which were already decided by a gcm proceeding, which has got the status of a judicial proceeding as per section 152 of the army act 1950. the petitioner has categorically claimed that the decision of the authority in issuing showing cause notice in his name for the purpose of dismissal from service, ..... have already pointed out that the court martial proceeding is a judicial proceeding for all practical purpose as provided in section 152 of the army act 1950.the finding of the gcm, being the highest judicial forum in respect of the army discipline, to our mind cannot be ignored in this way. if it is done, then there is no ..... for this which have been exposed now.thereafter, yesterday night at 11.30 pm she was found in a male officer s room . (h) eighth charge army act sec. 63 an act prejudicial to good order and military discipline. in that he, at jalandhar, between 09 mar 2006 and 10 mar 2006, improperly and without authority compelled, ic-63524w .....

ic 62912 F, Major Sowmithri Vs. State of Assam and Others

Court : Guwahati

..... police 30-09-2007 (15) the petitioner being an army officer is subject to the provisions of the army act, 1950 (the army act). section 69 of the army act provides that any person subject to this act who commits any civil offence would be deemed to be guilty of an offence under the army act and if charged, would be liable to be tried ..... by a court martial and if convicted, would be punished as prescribed. section 69 is, however, subject to section ..... the central government by a notification in this behalf. civil offence is defined in section 3(ii) of the army act which means an offence which is triable by a criminal court. active service as defined in section 3(i) of the army act means the time during which such person, amongst others, is attached to or forms .....

Union of India and Others Vs. Sadha Singh

Court : Supreme Court of India

Reported in : AIR1999SC3833; 1999(2)ALD(Cri)815; 2000CriLJ15; 1999(3)Crimes263(SC); JT1999(8)SC337; 1999(6)SCALE594; (1999)8SCC375; [1999]Supp4SCR28

..... by the respondent.3. respondent was awarded life imprisonment and dismissed from service by the general court martial after being tried for the of fence under section 302 i.p.c. and under section 69 of the army act, 1950. he preferred a writ petition in the high court for his immediate release from the imprisonment on the ground that he has undergone imprisonment exceeding ..... ' is near allied and 'thin partition do their bounds divide' the two are different, section 433a escapes the exclusion of section 5.7. in the present case, respondent was convicted under section 69 of the army act, 1950 for the of fence of murder. it is true that army act is a special act inter alia providing for investigation, trial and punishment for the of fences mentioned therein by .....

Major E.G. Barsay and ors. Vs. the State

Court : Mumbai

Reported in : 1958CriLJ1144

..... persons who are subject to the act, under section 3 (ii) 'civil offence' is defined as 'an offence which is triable by a criminal court', and ..... , the provisions of sections 125 and 126 of the army act read with the relevant rules framed under the act, have not been complied with.14. in order to examine these submissions, it would be necessary to deal in some detail with the provisions of the army act, 1950, and the rules made thereunder. section 2 (1) of the act gives a list of ..... that there are some irregularities and errors in the charge.13. the second point as regards the legality of the trial is raised under the provisions of the army act, 1950, by mr. purshottam on behalf of accused no. 1. that again is a point which has been raised for the first time in appeal challenging the jurisdiction .....

Umesh Singh Alias Umesh Prasad Singh Vs. State of Bihar

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 .....

Madan Lal Vs. Union of India and anr.

Court : Delhi

Reported in : 1998VIIAD(Delhi)65; 4(1998)CLT368; 75(1998)DLT750

..... the had been framed to meet the situation coming within the purview of sections 71, 72 and 73 of the army act, 1950. section 71 of the army act, 1950 deals with the punishment awardable by court-martial. the provision reads as under: section 71. punishment awardable by courts martial - punishment may be inflicted in respect ..... of offences committed by person subject to this act and convicted by court-martial, according to the scale following ..... date. 4. mr. aruneshwar gupta, the learned senior counsel for the petitioner submitted that having regard to the language of sections 71, 72 and 73 of the army act, 1950, the regulation which is non-statutory in nature cannot prevail over the statutory provisions. the learned counsel further submitted that the .....

Union of India and ors. Vs. Ex-gnr Ajeet Singh

Court : Supreme Court of India

..... army act, 1950 (hereinafter referred to as 'the army act'). after the conclusion of the gcm proceedings, the respondent was awarded punishment vide order dated 3.4.2003, as has been referred to hereinabove.d. the sentence awarded in the gcm was confirmed by the competent authority, i.e. chief of the army staff, while dealing with the petition under section 164(2) of the army act. ..... submissions made by learned counsel for the parties and perused the record.6. relevant parts of the chargesheet issued to the respondent read as under:-i) charged under army act section 52(a)- theft of 30 grenade hand no.36 high explosive and160 rounds of 5.56 mm insas on 17/18.3.2002.ii) charged under ..... army act section 52(a) - theft of carbine machine gun 9 mm on 27.9.2002. iii) charged under army act section 39(a) - absent from duty without leave from 26.2.2002 to 8.3.2002.iv) charged under army act section 39(a) - absent from duty without leave from 12.6.2002 .....

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 95(2002)DLT770

..... issue a writ of mandamus and any other appropriate writ, order or direction, inter alia, commanding the respondent nos. 1 and 2, in accordance with section 165 of the army act, 1950, to annul the proceedings of the general court martial affecting the petitioner as they are mala-fide, irrational, unjust and illegal, and there has been ..... exercises conducted under it in 1977 and this was an offence under section 69 of the army act, 1950 read with section 3(1)(c) of the official secrets act, 1923. before general court martial gnr. aya singh and gnr. sarwan dass were produced as material witnesses. besides this, ..... petitioner had informed about orbt of 20 infantry division and 57 mountain division in 1967 and this was an offence under section 69 of the army act, 1950 read with section 3(1)(c) of the official secrets act, 1923. the second charge is the petitioner had passed information about orbat of 18 infantry division and details of .....