Judgment Search Results Home > Cases Phrase: army act 1950 section 18 tenure of service under the act Court: supreme court of india Page 6 of about 224 results (0.384 seconds)

Union of India and Anr. Vs. Purushottam

Court : Supreme Court of India

..... scc412 for the reason that in the facts obtaining in that case the finding of the court martial was not confirmed which brought into play section 153 of the army act, 1950 which ordains that no finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it may ..... inquiry and directed disciplinary action against the respondent for the aforementioned two acts. the respondent was arraigned on two counts for the two respective acts and charged with committing extortion, under section 53(a) of the army act, 1950. summary of evidence was recorded under rule 23, army rules and the respondent was tried by summary court martial (scm), ..... the court martial or criminal court shall have custody of the offender regardless of the decision of the criminal court. although section 127 of the army act stands repealed by the army (amendment) act, 1992 it did not suffer from the same vice in that the central government possessed the power to grant or desist .....

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Reported in : 2010(2)SCALE396

..... that the central government had also not given any reasons while dismissing the appeal of the petitioner in that case under section 165 of the army act, 1950. the court took the view that while section 162 of the army act expressly provided that the chief of army staff may for reasons based on the merits of the case, set aside the proceedings or reduce the sentence to ..... the absence of reasons would invalidate the verdict. in som datt datta v. union of india (cited supra), a contention was raised that the order of the chief of the army staff confirming the proceedings of the court martial under section 164 of the army act, 1950 was illegal since no reason had been given in support of the order by the chief of the .....

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

..... . at this juncture it becomes necessary to refer to the relevant provisions of the army act and the rules. the army act came into force in the year 1950. chapters vi and vii deal with the offences and punishment's respectively and the corresponding sections are from 34 to 89. chapter x provides for convening of court-martial and ..... its powers. the sections are from 108 to 127. chapter xi deals with procedure of court-martial. the concerned sections ..... pleaded not guilty to all the charges. after trial the petitioner was acquitted of 11 charges but was convicted of 8 charges under section 52(0 and one charge under section 63 of the army act. consequently he was sentenced to be dismissed from service. the findings and the sentence of the general court-martial were confirmed by .....

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

..... to the rival contentions as advanced before this court, it would be worthwhile to refer to the relevant provisions of the army act and the rules framed thereunder. chapter vi of the army act, 1950 stands ascribed to the offences and section 69 therein deals with the civil offences, which reads as below :-69. civil offences - subject to the provisions of ..... section 70, any person subject to this act who at any place in or beyond india, commits any civil offence, shall ..... and 900 grams of opium at patiala on 28th december, 1991. the charge-sheet, however, is stated to be, as noticed above, issued under section 69 of the army act by one shri s.d. singh, colonel/commanding officer 64th cavalry and it is this charge-sheet which has ben directed by the general officer commanding, .....

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

..... improper conduct prejudicial to the good order and air force discipline. accordingly the respondent was charged of offences punishable under sections 41(2) and 65 of the air force act, 1950 (hereinafter referred to as 'the act'). according to the respondent the proceedings before the general court martial were conducted illegally and improperly and in breach of ..... in list i: naval, military and air forces; any other armed forces of the union, would enable parliament to enact the army act and armed with this power the act was enacted in july 1950. it has to be enacted by the parliament subject to the requirements of part iii of the constitution read with article 33 ..... stands in derogation of article 21, to that extent article 21 in its application to the armed forced is modified by enactment of the procedure in the army act itself. the court noticed that there operate two conflicting public interests; the maintaining of discipline in the armed forces to safeguard national security, to ensure .....

Union of India and ors. Vs. Capt. A.P. Bajpai

Court : Supreme Court of India

Reported in : AIR1998SC1214; 1998(1)ALD(Cri)526; JT1998(2)SC213; 1998(2)SCALE131; (1998)4SCC245; [1998]1SCR1041

..... gms each) - 3.600 kgs. (dd) coffee 1 tins (500 gms) - 0.500 kgs. (ee) milk td 54 tins (397 gms each) - 21.438 kgs. (ii) under army act section 39 (b) for absenting himself without leave in that he, at pithoragarh, on 03 jun 78, while attached to station headquarters pithoragarh, absented himself without leave until voluntarily rejoined on ..... it becomes necessary to clear any points raised by the accused, the judge advocate may give a further summing up.the attention of the court is invited to army act section 160 and army rule 68 and the form of proceedings on revision on page 370 of the miml 1961 reprint, which should be modified to conform to ..... three years' service for the purpose of promotion and to be severely reprimanded. under section 153 of the army act, 1953 (for short 'the act'), the finding or sentence shall be valid except so far as it may be confirmed as provided by the act. under section 154 the finding and sentence of general court martial may be confirmed by the central .....

Jc-116244 Ex-subedar Joginder Singh Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : [2003(96)FLR376]; JT2001(9)SC23; 2001LabIC4012; 2001(7)SCALE263; (2001)9SCC602; 2001(4)SCT1012(SC); (2002)1UPLBEC150

..... the writ petition in limine on 8.9.1998. hence this appeal.2. we notice the relevant provisions of the army act and regulations:-the army act, 1950 'section 52. offences in respect of property. - any person subject to this act who commits any of the following offences, that is to say, - (a) commits theft of any property belonging ..... .'4. under regulation 113(a) he was ineligible for pension or gratuity in respect of previous service as he was dismissed from service under section 52(a) of the army act. unlike regulation 16(a) passing of an order by the president for forfeiting the pensionary benefits is not required under this regulation governing the respondent ..... fact that subedar joginder singh was dismissed from service on 13.7.1985 as a sequel to general court martial for an offence under section 52(a) of the army act for committing theft of property belonging to the government and that his representation under regulation 113(a) pleading exceptional circumstances for grant of pension .....

Ic 56663x Col Anil Kumar Gupta Vs. Union Of India Ministry Of Defence

Court : Supreme Court of India

..... 19.11.2018 containing three charges pertaining to the appellant having behaved in a manner unbecoming his position and the character expected of him, under section 45 of the army act, 1950, and challenging the order dated 22.11.2018 passed by convening authority directing the trial of the appellant by way of general court martial (gcm ..... respondents, had stayed the disciplinary proceedings as well as the general court martial proceedings.5. the learned counsel appearing for the appellant relying upon section 122 of the army act submitted that the trial by court martial was vitiated being barred by the period of limitation prescribed under the said provision. according to him the ..... authority and consequently the trial proceedings. he also submitted that the charge-sheet dated 19.11.2018 4 framing three charges against the appellant under section 45 of the army act, based on the said allegations was also required to be quashed and set aside.6. per contra, the learned senior advocate mr. r. .....

Ajit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC283; 1988(36)BLJR571; 1988CriLJ417; 1988(1)Crimes207(SC); JT1987(4)SC462; 1988(1)KLT230(SC); 1987(2)SCALE1113; 1987Supp(1)SCC493; [1988]2SCR40; 1988(2)SLJ1(SC); 19

..... , (iii) any special jurisdiction or power and (iv) any special form of procedure, prescribed by any other law for the time being in force. the army act, 1950 is a special enactment applicable to persons covered under section 2 thereof. it also provides special procedure for court martial.3. the learned counsel for the petitioner however, submitted that since the petitioners are lodged in ..... sentenced by the general court martial under the army act, 1950. they have been lodged in civil jails. they seek a set off of their pre-trial detention against the sentence of imprisonment. the claim has been made under section 428 of the crpc ('the code'). the jail and the army authorities have rejected their claim.2. if section 428 of the crpc is applicable to .....

Union of India (Uoi) and ors. Vs. Devendra Nath Rai

Court : Supreme Court of India

Reported in : 101(2006)CLT702(SC); 2006CriLJ967; 2006(1)JKJ1[SC]; JT2006(1)SC370; 2006(1)SCALE304; (2006)2SCC243

..... with the intent of causing murder of two others. the award of death penalty by the court martial was affirmed by the central government under section 153 of the army act, 1950 (in short the 'army act').2. factual position as projected by the appellants in a nutshell is as follows:on 15.10.1991, the accused was on the quarter ..... on the basis of report given general court martial proceedings commenced and the accused faced trial under the army act. there were four charges under section 69 of army act. the first two charges related to commission of civil offence that is murder contrary to section 302 of the indian penal code, 1860 (in short 'ipc') and the other two related to ..... civil offence i.e. attempt to murder, contrary to section 307 i.p.c. the accused took the plea .....