Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Page 8 of about 523 results (0.132 seconds)

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 the subject, and to exclude from the manual the repealed indian army act, 1911 and the superseded indian army act rules.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 .....

Joginder Singh Vs. State

Court : Delhi

Reported in : 5(1969)DLT1

..... by the central government in exercise of powers conferred by section 9 of the army act, 1950, which reads- 'inexercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declares that all persons subject to that act, who are nto on active service underclause (i) of section 3 thereof, shall, wherever they may be serving, be ..... of any toher law for the time being in force'.this ntoification assumes importance in view of the fact 'that under section 70 of the army act, 1950, a person subject to the said act who commits an offence inter-alia of rape in relation to a person nto subject to military, naval or air force law, shall nto ..... . division, area, indepednent sub-area or independent brigade in which the accused person is serving, and except in cases falling under sec. 69 of the army act, 1950 (46 of 1950) in which death has resulted, the officer commanding the brigade or sub-area or station in which the accused person is serving. 3. where a .....

Jagraj Singh (No. 14412115k) Vs. Union of India and Others

Court : Punjab and Haryana

..... transfer, if such a cours.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/or 4. ar 1.and 17 provide that jco/wo/or whose dismissal or discharge is contemplated will be given ..... on 10.9.2007 seeing no improvement, he was again marched up to the then commanding officer and awarded seven days pay fine for the offence of intoxication under section 48 of the army act. the petitioner, it is submitted, had been a bad example to the troops which was proved from the fact that he had earned five red ink entries in ..... the learned counsel appearing for the respective parties, the gist of the disparaging entries which have been awarded to the petitioner may be noticed which are as follows:- (a) army act section 39(a) - 07 days rigorous imprisonment (absenting himself awarded on 25 dec 1997. without leave) (red ink entry) cwp no.6991 of 2012 (o&m) [9].(b .....

Sewa Ram Nagial Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1983CriLJ1788

..... the said offence, and nor could the petitioner be said to have committed a civil offence as meant by section 69 of the army act.5. section 69 of the army act provides that any person who is subject to the army act and who is charged with an offence, shall be tried by a court martial. this jurisdiction is vested in ..... at raj rifles centre, where he was immediately taken into custody. later on, he was according to him, charged under section 63 of the army act and section 3(i)(c) of the official secrets act read with section 69 of the army act, and was punished by the g. 0. c, northern command, respondent no. 3 herein, and demoted to the ..... challenges an order of a general court martial, for short g. c. m., convicting him under section 63 of the army act and section 3(i)(c) of the indian official secrets act, 1923, for short, official secrets act, read with section 69 of the army act, and cashiering him and sentencing him to seven years' rigorous imprisonment. briefly stated, the facts leading .....

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 .....

Harpreet Singh and Others Vs. State of Delhi

Court : Delhi

..... the factual matrix and the merits of the appeals, it will be appropriate if we examine and decide the legal contention raised by harpreet relying upon sections 69 and 70 of the army act, 1950 (army act, for short) read with criminal courts and court martial (adjustment of jurisdiction) rules, 1978 (rules, for short). in order to appreciate the controversy ..... of defence notification no. s.r.0.17-e dated 5 sep. 1977) s.r.o 17-(e).in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in supersession of the notification of the government of india in the ministry of defence, no. sro 6-e, dated the 28th november 1962 ..... , we deem it appropriate to reproduce sections 3(i), 69, 70, 125 and 126 of the army act and section 475 of the code of criminal procedure, 1973 (cr.p.c., for short): army act, 1950 3. definitions. in this act, unless the context otherwise requires, (i) active service, as applied to a person .....

ic 28598 Lt Col N.Ganganna Vs. Union of India Through the Secretary an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... journey from shahdol to pipariya and back, well knowing the said information to be false . 3(c) charge no.4 against the applicant is under army act section 63 an act prejudicial to good order and military discipline, i.e., at shahdol, on 14th march 1992, when officer commanding 7 madhya pradesh (independent) company, national ..... the point for determination in this application/appeal against the gcm is whether the charges levelled against the accused under army act section 52(b) and 52(f) (two counts) and the charge under army act section 63 have been proved by the prosecution beyond any reasonable doubt to sustain the conviction and punishment of dismissal awarded ..... corps, shahdol, dishonestly misappropriated a sum of rs.6,975/-, the property belonging to the government . 3(a) charge no.2 against the applicant is under army act section 52(f), that is to say at shahdol, on 2nd november 1991, while being officer commanding, 7 madhya pradesh (independent) company, national cadet corps, with .....

Rana Natwarsingh Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1980MP129; 1980MPLJ729

..... supra). it appears that what weighed with their lordships in air 1969 sc 414 was the provisions contained in the army act and their lordships, after examining the provisions contained in sections 164 and 165 of the army act felt that neither there was an obligation to state reasons specifically, nor by necessary implication it could be inferred, ..... supra) their lordships of the supreme court held that an order passed by the chief of army staff confirming the proceedings of court martial under section 164 of the army act and the central government's order under section 165 of the army act dismissing the petitioner's appeal could not be set aside merely because they were not speaking orders ..... oral hearing is not an essential attribute of natural justice: local government board v. arlidge 1915 ac 120 and a.k. gopalan v. state, air 1950 sc 27. whether the opportunity to show cause should be by written representation or by personal hearing depends on the facts of each case and ordinarily it will .....

Ramaswamy Iyer Agnellus Lawrence Gopalan Vs. the Union of India and an ...

Court : Mumbai

Reported in : AIR1963Bom21; (1962)64BOMLR440; 1963CriLJ152; ILR1962Bom523

..... penal code has no application inasmuch as it is a conviction by a court martial under the army act, and in the army act there is no provision similar to the one under section 70 of the indian penal code. under section 174 of the army act the military authorities concerned have a power to send a copy of the sentence to any magistrate ..... the record of the case shows that the conviction is under section 409 of the indian penal code. mr. gumaste has referred us to section 69 of the army act and the material part of that section provides that:'subject to the provisions of section 70, any person subject to this act who at any place in or beyond india commits any civil ..... to take cognizance of and try civil offences as if they were offences under the act. civil offence has been defined under section 3(ii) of the army act to mean 'an offence which is triable by a criminal court'. but for the provisions of section 69 a court martial would not have jurisdiction to take cognizance of and try any .....

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

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ353

..... sentence of imprisonment for life awarded by the general court martial was commuted to rigorous imprisonment for 10 years.5. statutory appeal preferred by the petitioner under section 164 of the army act came to be rejected vide order dated 9-6-1997. petitioner was lodged in district jail, udhampur at the time of filing of this petition.6. ..... and sentence is made on the following grounds: --(a) the general court martial has been ordered by the general officer commanding, who was not empowered under section 109 of the army act. it is alleged that no convening order has been passed.(b) there is in-ordinate delay in trial of the petitioner. the convening and holding of ..... the learned counsel for the parties and examined the record. i will take up the grounds of challenge for consideration in seriatim.9. ground no. 1.section 109 of the army act deals with the convening of general court martial and reads as under: --'109. power to convene a general court-martial-a general court-martial may be .....