Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Court: supreme court of india Page 2 of about 97 results (0.151 seconds)

Union of India Through Its Secretary, and ors. Vs. Rabinder Singh.

Court : Supreme Court of India

..... conducting of the court of inquiry on 13.10.1986 to collect evidence and to make a report under rule 177 of the army rules, 1954 framed under section 191 of the army act, 1950. on conclusion of the inquiry a disciplinary action was directed against the respondent. (ii) thereafter, the summary of evidence was recorded ..... rival counsel, we may note that the respondent was charged under section 52 (f) of the army act, 1950 and the section was specifically referred in the charges leveled against him. section 52 reads as follows:- 52. offences in respect of property - any person subject to this act who commits any of the following offences, that is to say ..... under rule 23 of the army rules, wherein the respondent duly participated. some 15 witnesses were examined in support of the prosecution, and the .....

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

..... the civil police. in order to test whether this argument is valid it is necessary to scrutinize the provisions of the army act in some detail. section 2 of the army act, 1950 (act 46 of 1950), hereinafter called the 'army act', describes the different categories of army personnel who are subject to the army act. section 3(ii) defines a 'civil offence' to mean 'an offence which is triable by a criminal court ..... '; section 3(vii) defines a 'court-martial' to mean 'a court-martial held under this act'; section 3(viii) defines 'criminal court' to mean 'a .....

Union of India and ors Vs. Major S.P. Sharma and ors

Court : Supreme Court of India

..... cashiered. against 13 officers, disciplinary actions were initiated. however, a decision was taken not to try them and an administrative order under section 18 of the army act, 1950 (in short the army act ) was passed terminating their services.3. the present appeals arise out of the order passed way back in 1980 terminating the services ..... 56. from a reading of the files one could see that the proposal had come from the army headquarters directorate of military intelligence for termination of services of certain officers under section 18 of the army act, 1950 and that was accepted by the concerned ministry. the circumstances under which the directorate military intelligence ..... were brought invoking the doctrine of pleasure as enshrined under article 310 of the constitution of india, 1950 (hereinafter referred to as the constitution ) coupled with the powers to be exercised under section 18 of the army act. initially, the orders of dismissal were passed on 11.1.1980, which were assailed in .....

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

..... or removing from service. only further action is taken under regulation 16(a) in relation to forfeiture of pension. thus, punishing a person under section 71 of the army act and making order under regulation 16(a) are entirely different. hence, there is no question of applying principle of double jeopardy to the present ..... a contention, though feebly, was advanced on behalf of some of the respondents that forfeiture of pension in addition to the punishment imposed under section 71 of the army act amounted to double jeopardy. in our view, this contention has no force. there is no question of prosecuting and punishing a person twice ..... financial powers of mg asc, hq southern command. 10. we notice the relevant provisions of the acts and regulations:-the army act 1950 '71. punishments awardable by courts-martial.- punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by courts-martial, according to the scale following, that is to say,- (a) .....

Lt. Col. S.K. Kashyap and anr. Vs. the State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1971SC1120; 1971CriLJ832; (1971)2SCC126; [1971]3SCR881; 1971(4)WLN23

..... on 17 january, 1967 the state of rajasthan made an application before the special judge that under section 122 of the army act, 1950 a period of three years was provided after which no court martial proceedings could be commenced against the army officers and the period of limitation was to be computed from the date of such offence. the ..... commanding gave notice that the four officers meaning thereby the appellants belonged to his unit and that the appellants would be tried by court martial under the army act, 1950 for the offences alleged to have been committed by them as set out in the notice of the special judge and that the court of the special ..... 3 could not be invoked where the police merely started investigation. in some datt datta's case (supra) this court said about sections 125 and 126 of the army act 'these two sections of the army act provide a satisfactory machinery to v resolve the conflict of jurisdiction having regard to the exigencies of the situation in particular case.' in .....

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

..... was outlined in the manual of military law, 1937. the manual contained the indian army act, 1911, the indian army act & rules and explanatory notes under various sections and rules. the passage of time necessitated revision of the manual and incorporation of explanatory notes under the relevant sections and clauses of the army act, 1950 and army rules, 1954. it also became necessary to include some other enactments essential to ..... the subject, and to exclude from the manual the repealed indian army act, 1911 and the superseded indian army act rules. the manual of military law containing explanatory notes under the current and .....

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

..... to resolve a situation of this nature that a reference is envisaged to the central government. 18 section 47517 of the crpc has empowered the central government to make rules consistent with the crpc and the army act, navy act 1957 and the air force act 1950 and any other law relating to the armed forces of the union, as regards the cases in ..... which persons subject to military, naval or air force law or such other law, shall be tried by a court to which the crpc applies or by a court-martial. the first part of section 475 ..... of persons liable to be tried by court-martial- (1) the central government may make rules consistent with this code and the 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 the union, for the time being in force, as to cases in .....

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 .....

U.O.i. and ors. Vs. Rajbir Singh Khanna and anr.

Court : Supreme Court of India

Reported in : AIR2001SC3327; [2001(91)FLR240]; JT2001(7)SC50; 2001LabIC2898; 2001(5)SCALE418; (2001)7SCC113; 2001(3)SCT1145(SC)

..... come up in appeal by special leave. we have heard the learned counsel for the parties at length. the position of law insofar as the interpretation of section 122 of the army act, 1950 is concerned stands resolved and settled by a three-judge bench decision of this court in union of india and ors. v. harjeet singh sandhu : [2001 ..... the high court even if the delay was attributable to the interim orders of the high court that did not make any difference to the applicability of section 122 of the army act.7. the appellants filed letters patent appeal. by an interim order dated 3.3.1994 the division bench gave liberty to the appellants to proceed ..... of brigadier along with the consequential benefits attaching with such promotion. the court martial proceedings were directed to be quashed as being barred by time under section 122 of the army act overruling the plea of the appellants that the delay in court martial proceedings was attributable to the interim orders passed by the high court. in the .....

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

..... be fortiori be valid. now sro 329 is issued by the central government under sub-sections (1) and (4) of section 4 of the army act 1950 which provide inter alia as under:section 4(1) the central government ..... of section 21, sub-section (4) of section 102 and section 191 of the army act 1950 made applicable to the members of, gref, sro 330 applying certain provisions of the army rules, 1954 to the members of gref in exercise of the powers conferred under section 21, sub-section (4) of section 102 and section 191 of the army act 1950 would ..... restricted the fundamental rights of the members of gref. the respondents submitted that in the circumstances the petitioners were rightly charged under section 63 of the army act 1950 and their convictions by the court-martial and subsequent dismissals were valid. the respondents thus sought to sustain the validity of the action .....