Judgment Search Results Home > Cases Phrase: army act 1950 section 170 temporary custody of offender Page 9 of about 670 results (0.403 seconds)

Ali Jabed Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(2)ESC892

..... is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/ discharge of undesirable jcos/wos/or4. ar 13 and 17 provide that a jco/wo/or whose dismissal or discharge ..... :---------------------------------------------------------------date of award under section punishment awarded---------------------------------------------------------------9.7.1986 section 39(b) of the army act 28 days ri and 14 days detention in military custody.28.1.1992 section 39(b) of the army act 7 days ri22.6.1992 section 29(b) of the army act 28 days ri1.8.1995 under section 39(b) of 28 ..... days ri and 14 days the army act detention in military custody.---------------------------------------------------------------4. it has also been stated .....

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1984CriLJ718

..... the parliament to enact laws with regard to naval, military and air force or any other armed forces of the union. the army act, 1950 act 46 of 1950 has been enacted by the parliament. section 21 of the aforesaid act empowers the central government to make rules restricting to such extent and in such manner as is necessary, some of the fundamental rights ..... review of the final opinion once expressed by the court of inquiry in accordance with the provisions of rule 179 sub-rule ((5) of the army rules, 1954 framed under section 191 of the army act, 1950. rule 179(5) expressly provides as follows:-the court may be re-assembled as often as the officer who assembled the court may direct, for ..... penal deduction which is a punishment can be imposed only by court martial or by the officer commanding in a summary procedure as envisaged in sections 80, 83, 84 and 85 of the army act, 1950.8. it has also been submitted that the convening of the court martial for trial of the petitioner is bad as it is in .....

Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1973MP191; (1972)IILLJ611MP

..... general court martial, and confirmed by the general officer command-in-chief, central command, lucknow, punishing the petitioner for an offence under section 41(2) of the army act, 1950 (hereinafter called the act).29. the facts in detail have been stated in the order of my learned brother, and it would not be worthwhile to repeat ..... the discussion aforesaid, i would allow the present petition with costs and would quash the impugned order imposing punishment on the petitioner for violation of section 41(2) of the army act, 1950. as the petitioner did not commit any offence whatsoever, there would be no question of any re-trial. therefore, after quashing the said ..... during the investigation before the court of inquiry could never form the subject-matter of a command much less a lawful command, as envisaged by section 41(2) of the army act, 1950. therefore, with due respect to the learned members constituting the general court-martial, i would stress that as the petitioner's presence or .....

C. Rajan Vs. the Union of India, Rep by Its Secretary to Government an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... said to have been committed by him? 6(c) before the court martial the charges levelled against the petitioner are under section 39(a) and 48 of the army act. the punishment provided under section 39 of the army act is shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three ..... sentenced by the commanding officer, 17 engineer regiment, to 28 days ri on 23rd march 1998 for an offence under army act section 48, and 7 days pay fine on 25th november 1998 for an offence under army act section 54(b) by neglect losing identity card, a property of the government issued to him for his personal use and ..... issued to him for his personnal use. (c) 14 days rigorous imprisonment by commanding officer, 17 engineer regiment on 1st july 1999 for an offence under army act section 39(b) without sufficient cause overstaying leave granted to him. (d) 07 days rigorous imprisonment by commanding officer, 17 engineer regiment on 7th september 1999 for an .....

M. Chenchu Rami Reddy Vs. General Court Martial of Ex-army Eme Centre ...

Court : Andhra Pradesh

Reported in : 1994(2)ALT68; 1994(2)ALT(Cri)103

..... imprisonment in this writ petition.2. the learned counsel for the petitioner submitted that subsequent to the filing of the writ petition, the army act, 1950 was amended by inserting section 169a of army (amendment) act, 1992 and in accordance with the said provision, the period during which the petitioner spent in civil or military custody during investigation, inquiry ..... was rejected by the court martial.4. in order to appreciate the rival contentions of the learned counsel, it is necessary to set out section 169-a of the army act, 1950 which is as follows.'169-a: period of detention undergone by the accused to be set off against the sentence of imprisonment -when a ..... that the provision which deals with an accused person should be interpeted in favour of the accused.9. for the aforesaid reasons, i hold that section 169-a of the army, act, 1950 applies to persons who are already convicted by the date of the commencement of the amended provision or to be convicted thereafter, equally. w.p .....

Surendra Lal S/O Late Munshi Lal Vs. the Union of India Through Its Mi ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... 10. the terms of regulation 16(a) are clearly different from regulation 113(a). according to regulation 16(a), when an officer as defined in section 3 (xviii) of the army act, 1950, is cashiered or dismissed or removed from service, then the president has the discretion of either forfeiting his pension or ordering that he be granted pension ..... exceeding that for which he would have otherwise qualified had he been discharged on the same date. (b) an individual who is removed from service under army act, section 20, may be considered for the grant of pension/gratuity at the rate not exceeding that for which he would have otherwise qualified had he been discharged ..... in the case of a person who is discharged, and not dismissed, under the provisions of the army act. in the case of discharge, a person remains eligible for pension or gratuity under the said regulation. the latter part of section 113(a) provides that in exceptional cases, the president may at his discretion, grant service pension .....

Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...

Court : Supreme Court of India

Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)

..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.7. section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... martial has recorded a finding that it cannot try him on account of the expiry of three years from the date of the commission of the offence.11. section 125 of the army act provides that when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding ..... the respondent cannot be tried on account of the expiry of three years from the date of the commission of the offence, he cannot be go scot free. section 127 of the army act provides that when a person is convicted or acquitted by a court-martial, he may, with the previous sanction of the central government, be tried again by .....

In Re: Major F.K. Mistry

Court : Chennai

Reported in : (1949)2MLJ44

..... statements in them completely. the question is whether the facts mentioned in them are sufficient to lead one to the conclusion that the provisions of section 69 of the indian army act, have been complied with. mr. subbiah, the special police inspector, states that after he completed the investigation conducted under the ordinary provisions of ..... of language be termed either the competent military authority or the commanding officer of the accused person. even if the prescribed military authority under section 69 of the army act had come to the decision that the proceeding should be instituted in an ordinary criminal court, still, in my judgment, according to the true ..... the commanding officer of the accused person. the learned advocate-general contended that when once the prescribed military authority has come to this decision under section 69 of the army act, the observance of the rule by the magistrate, viz., the issuing of a notice, is not necessary, and the insistence upon the following .....

A.W. Mears Vs. Emperor

Court : Mumbai

Reported in : (1945)47BOMLR981

..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....

Capt. K.M. Saxena Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2000(3)ALT416

..... arresting the detenu, proceedings under section 106 of the army act have been initiated and it would not be open to the courts to interfere in such a procedure contemplated by the respondents. learned counsel, in this connection, has also drawn our attention to few relevant provisions of the army act, 1950. learned counsel submitted that the ..... ) by the learned senior standing counsel for central government appearing on behalf of the respondents supporting his contention that when once the proceedings under section 106 of the army act have been initiated by the respondents after arresting a person, it would not be open to the courts under article 226 of the constitution of ..... also indicated that after the detenu is arrested on the ground that he absented himself from duties and was declared deserter, an enquiry under section 106 of the army act has been initiated against the detenu. the respondents have denied the allegation that the detenu is being harassed.12. the party-in-person filed .....