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Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

..... . k. munir, learned addl. public prosecutor, assam.6. presenting the case on behalf of the petitioner, mr. goswami has taken this court through the provisions of section 475, cr. p. c, sections 125 and 126 of the army act, 1950, and also the provisions of the criminal courts and court-martial (adjustment of jurisdiction) rules. 1978 (in short, 'adjustment of jurisdiction rules') and contended that ..... well as the court-martial? these are some of the important questions, which the present petition has raised.2. by making this application under section 482, cr. p.c, the petitioner, who is an officer subject to the army act, 1950, has prayed for, inter alia, setting aside the judgment and order, dated 2-4-2007, passed, in criminal revision no. 18/2007, by .....

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2006)144PLR97

..... that the petitioner was hospitalised for the period for which he has been treated as absent from duty. such an order would flagrantly violate section 39 of the army act, 1950, therefore, we do not find any justification for the respondents to conclude that merely because the petitioner was not paid the salary under regulation ..... court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment or field punishment by an officer exercising authority under section 80 of the army act, 1950; note: jcos and ncos under 'close arrest', but not in confinement, will incur no forfeiture of pay and allowances. for persons below nco ..... applied; e) imprisonment awarded by a criminal court, or imprisonment or field punishment awarded by a court martial, or an officer exerting authority under section 80 of the army act, 1950; note: in case the sentence of imprisonment or punishment is suspended, the individual will be entitled to draw full pay and allowances from the date .....

Major E.G. Barsay Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1961SC1762; 1961CriLJ828; [1962]2SCR195

..... and that they should have been tried only by a court martial under the army act. 18. the argument of learned counsel for the appellant may be briefly stated thus : the army act, 1950 (46 of 1950) created new offences. section 52 of the said act created offences with which accused in the present case were charged, and provided a ..... question is whether he can make an investigation in regard to the offences alleged to have been committed by the accused in the present case. section 5a of the prevention of corruption act, 1950, on which reliance is placed reads : 'notwithstanding anything, contained in the code of criminal procedure, 1898, no police officer below the rank ..... given to the officer referred to in s. 125 of the act. 19. to appreciate the said argument it is necessary to scrutinize the provisions of the army act in some detail. section 2 describes the different categories of army personnel who are subject to the army act. section 3(ii) defines 'civil offence' to mean 'an offence which .....

Ram Dev Prasad Singh Vs. Union of India and ors.

Court : Delhi

Reported in : 1995IIIAD(Delhi)622; 59(1995)DLT693; 1995(34)DRJ552

..... inflicted on him for which purpose respondent found him undesirable and, thereforee, decided to discharge him from service. the punishment imposed on the petitioner was under section 63 of the army act while serving in field. he had brought an unauthorised person (women) in unit lines for illegitimate purposes. thereforee, imprisoned for 28 days and 14 ..... was awarded 14 days imprisonment in military custody because of using criminal force to a santry on duty. he was awarded seven days detention under section 46(a) of the army act because he urinated in a container in front of the sentries and threw towards quarter guard of the day. this was treated as a ..... insubordinate language to his superior officer he was imprisoned for 28 days in military custody which was under section 40(c) of the army act. he also suffered 28 days ri in military custody under section 39(a) of the army act for absenting himself without due permission from the unit lines. for threatening the superior officer he was .....

In Re: A.A. Paul

Court : Chennai

Reported in : 1974CriLJ375

..... if he continued to be so subject. the very words relied on by the learned counsel clearly indicate that the accused contemplated under that section is really not subject to the army act, but the procedure for the trial of such person should be the same as in the case of a person who is still subject ..... person is subject to military, naval or air force law, the abovesaid rules would be attracted. section 2 of the army act mentions persons who are subject to the said act. sub-section (2) of that section says that every person subject to the said act shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service ..... accused (revision petitioner) contends that in spite of the accused having retired from army service, he must be deemed to be subject to the army act by virtue of section 123 of the army act and so much so. the rules made by the central government under section 549 of the code of criminal procedure would be attracted.3. there can .....

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Reported in : 1976CriLJ796

..... court before which the proceedings are to be instituted for the determination of the central government, whose order in such reference shall be final.8. under section 127 of the army act 1950.-a person convicted or acquitted by a court martial may, with the previous sanction of the central government, be tried again by a criminal court ..... charges framed by the special judge against the accused could no survive. it was further held in that case that section 549 (1), cr.p.c. should be construed in the light of section 125 of the army act, 1950. their lordships observed, 'both the provisions toeve in mind the object of avoiding a collision between the ordinary criminal ..... is concerned. it is an undisputed fact that the provisions of section 549 (1), cr.p.c. and the rules framed thereunder and also section 125 of the army act, 1950, were not complied with, mr. ghose argued that in view of the provision of section 122 of the army act which provides for a period of limitation of three years, only .....

M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

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 .....

Ex. Sep. Shambhu Singh Vs. the Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... at field on 12 dec 97 on the expiry of the said leave until voluntarily rejoined at adm bn amc centre and school lucknow on 27 may 98 (an). army act 1950 section 39(a) absenting himself without leave in that he, atlucknow absented himself without leave from adm bn amc centre and school lucknow from 31 may 98 (fn) ..... contentions made by learned counsel for the parties, it would be appropriate to reproduce the charge sheet, by which the appellant was tried by the scm. it reads: army act 1950 section 39(b) without sufficient cause overstaying leave granted to him in that he, at field on 16 oct 97 having been granted leave of absence from 17 oct ..... 5. the scm was held on 19 may,2000 by col. r. n. sharma, sr. registrar mh jabalpur, wherein the appellant was charged under army act section 39 a for absenting himself without leave and army act section 39 b without sufficient caused overstaying leave granted to him (charge sheet at annx. p-2.) . the appellant pleaded guilty on both charges (annex. k .....

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 .....