Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Page 3 of about 523 results (0.156 seconds)

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. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT202

..... in which an scm can be convened rather than a general courts martial (gcm) or district courts martial (dcm) or summary general courts martial (sgcm) as envisaged in section 108 of the army act, 1950 (army act for short).2. in cwp 2511/1992 the petitioner, ex. l nk vishav priya singh, has alleged that he had made complaint against the co, 19th batallion mahar regiment ..... the judge advocate....24. per contra respondent 1 in his affidavit has submitted that the notes under the sections and rules as are found under various provisions of law compiled by the army authorities in the manual of military law do not form part of the army act, 1950 and army rules, 1954. the rules of 1954 are stated to have been borrowed from the indian .....

Colonel Lecky Vs. Bank of Upper India, Ltd.

Court : Allahabad

Reported in : 9Ind.Cas.1023

..... deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the ..... a decree for the realization of such future and unascertained sums against any of the defendants.12. there remains the second objection. the army act 1881 (statute 44 and 45 vict. ch. 58 in section 135 enacted that the pay of an officer of her majesty's regular forces shall be paid without any deduction other than the ..... 14. instalments so directed would be authorized deductions in the sense of the words used in section 136 and to order such instalments would be within the jurisdiction of the subordinate judge. but in 1895, the army (annual) act 1895 repealed section 151 of the army act (44 and 45 vict. c. 58) and to direct in india any deduction from .....

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 .....