Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Court: kolkata Page 1 of about 5 results (0.508 seconds)

Amarendra Nath Das and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1977CriLJ493

..... preferring an appeal. the copies were supplied on 4th of february, 1975. on 24th march, 1975, the petitioners preferred appeals to the respondent no. 2 under section 164(2) of the army act, 1950. on 5th of aug., 1975, the petitioners were informed of the result of the appeal by the respondent no. 6 and thereafter, the petitioners obtained the ..... the warrant reads as follows:to the officer, not being under the rank of a field officer commanding the bengal area.in pursuance of the provisions of the army act, 1950 (xlvi of 1950), i do hereby empower you, or the officer on whom your command may devolve during your absence not under the rank of field officer, from time to ..... officer not being under the rank of a field officer commanding the bengal area. this warrant was issued in pursuance of the provisions of the army act, 1950 and the chief of the army staff empowered the officer not being under the rank of the field officer commanding the bengal area or the officer on whom such officer's command .....

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 .....

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 .....

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... set aside. however, goc, eastern command, rejected such representation. 3. on 29.8.2000 the petitioner filed an application under section 164 and 165 of the army act 1950 before the chief of the army staff, new delhi. in the said application the petitioner categorically mentioned that the presiding officer of the summary court martial proceeding did ..... justice. this contention of the learned advocate for the accused / applicant is thus not accepted. 7. the accused has claimed that the provision of section 131 of the army act regarding the taking of oath or affirmation in the prescribed manner was not followed. according to the learned advocate for the applicant this provision of taking ..... action against the petitioner for his alleged absence of 3 hrs. 30 minutes. in this respect the petitioner has pointed out to the provision of section 80 of the army act. 4. regarding the factual aspects, the petitioner has claimed that in fact he was not absent as alleged. he went to the shopping centre .....

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 .....

Sri Paramjit Singh Kohli Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1997)1CALLT395(HC)

..... paramjit singh unit 511 asc bn attached to mrc wellington, do hereby consent to dispense with the attendance of witnesses at my summary trial by goc atnkk & area under army act section 84. place : wellington signature --date : 09 july 92 no & rank -- ic 37030p majorname -- kohli paramjit singh.unit + 511 asc bn att to mrcwellington. ..... by respondent no. 3 in choosing to deal with the petitioner summarily under section 84 of the army act by holding his summary trial for a charge under section 63 of the army act, even though under section 71 and other related provisions of the army act, the petitioner was entitled to be tried, if at all, by a general ..... in the matter by the authorities of dssc, wellington which ultimately culminated into the issuance of a charge-sheet against the petitioner under section 63 of the army act for committing an act prejudicial to good order and military discipline. it shall be advantageous to reproduce the charge-sheet in varbatim, which reads thus:-- charge .....

Lt. Col. Amal Sankar Bhaduri Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1987)0CALLT1(HC),91CWN631

..... and three, are not public servants. it is no doubt true that the offences falling under section 5(i)(c) and (d) of the prevention of corruption act might fall under section 52(b) of the army act cannot be accepted. section 52 of the army act deals with offences in respect of government property or property belonging to any military, naval or ..... a court martial. before dealing with this aspect of the matter it is worth considering the relevant statutory provisions in particular rule 37 of the army rules of 1954 framed under the act of 1950. rule 37 reads as follows :-'37. convening of general and district court-martial.--(1) an officer before convening a central or district court ..... case demand it so. this view finds support from the decision of the supreme court in the case of chiranjit lal v. union of indian reported in : [1950]1scr869 . in that decision the supreme court observed :--'article 32 of the constitution of india gives such very wide discretion in the matter of framing our writs to .....

Major General Arun Roye Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2006)3CALLT276(HC)

..... regard to the disposals of the statutory complaints of the petitioner.56. in terms of section 27 of the army act, the aggrieved army officer is entitled to file statutory complaint. section 27 of the army act is quoted hereunder:section 27. remedy of aggrieved officers.--any officer who deems himself wronged by his commanding officer ..... services regulations/ however, do not authorise the military secretary's branch to declare any statutory complaint as untenable. furthermore, section 27 of the army act specifically provides that any army officer who deems himself wronged by his superior officer may complain to the central government for redressal of the grievances and therefore ..... order passed by the military secretary's branch is incurably bad and non est.61. the learned additional solicitor general referring to section 27 of the army act submits that procedure for filing complaints has been clearly stipulated in para 364 of the defence services regulations. according to the learned .....

Wallis and Co. Vs. Bailey

Court : Kolkata

Reported in : (1891)ILR18Cal372

..... we are practically asked as an appellate bench to overrule that decision.5. section 2 of the presidency small cause court act provides that nothing herein contained shall affect the provisions of the army act, 1881, section 151; and this section as amended by the army act of 1888 is now to be read as follows:in india all actions of ..... to military law, and the question is whether, having regard to the provisions of section 151 of the army act, 1881, as amended by section 7 of the army act of 1888, the operation of which act is by the army act of 1889 continued up to december 1890, the small cause court has jurisdiction to entertain this suit against the defendant ..... debt and personal actions against persons subject to military law, other than soldiers of the regular army, where the persons so subject are resident .....

Sk. AllauddIn Vs. the Union of India and ors.

Court : Kolkata

Reported in : (2001)1CALLT514(HC),[2001(90)FLR134]

..... passed.5. in course of hearing a question was raised as to whether the present application is maintainable specially when the petitioner availed of the alternative remedy under the army act 1950. the learned counsel for the petitioner placing reliance on a supreme court decision reported in : 1988crilj1661 [a.r, antulay v. r.s. nayak and another) ..... the matter. the second argument of the learned counsel is that the sentence being passed by a colonel it cannot be acted upon inasmuch as a colonel has no authority under section 20 of the army act to issue any order of dismissal.6. in support of the first submission the learned counsel tried to argue that under ..... ample power of combination of punishment. it is rightly argued that the dismissal from service is a lesser punishment than imprisonment with the framework of section 71 of the army act. if the petitioner was punished by any other authority other than the court martial, the question of double jeopardy o(sic) punishment beyond the scope .....