Judgment Search Results Home > Cases Phrase: army act 1950 section 188 fresh sentence after suspension Court: jammu and kashmir Page 2 of about 25 results (0.112 seconds)

Ex. Havildar Gh. Mohd. Dar Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1983CriLJ1899

..... 197a. the petitioner was guilty of a civil offence and could have been tried by a g. c. m. under section 69 of the army act, to which sub-section (3) of section 13 of the official secrets act had no application. he was given full opportunity to engage and consult a counsel of his choice during the trial. two ..... determination is : can rule 62 be said to be a procedural provision established by law? the answer in my opinion must be in the affirmative. section 191 of the army act gives powers to the central government to make rules, among others, for the purpose of prescribing procedure to be followed in trials by courts martial and ..... 1950, soon after the constitution had come into force. rules under this act have been framed not by the parliament, but by the central government and are, therefore, clearly a piece of* subordinate legislation. their lordships in prithipal singh's case (supra) had refused to go into the question as to whether or not the mandate of section 193 of the army act .....

Bimla Devi Vs. Capt. G.L. Bakshi and ors.

Court : Jammu and Kashmir

Reported in : 1960CriLJ1593

..... that the order passed by the magistrate and confirmed by the sessions judge is erroneous in law. the magistrate relied upon section 125 of the army act, 1950, central act xlvi of 1950 (hereinafter referred to as the act) which reads:when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be ..... the petitioner in this criminal revision preferred a complaint to the city magistrate at srinagar against five persons enrolled under and subject to the indian army act accusing them of offences under sections 392, 448 and 506 of the ranbir p. c. which is in force in this state. after recording the statement of the complainant, ..... hand and the magistrate on the other. eventually, the magistrate held as follows:as the army authorities have undertaken to deal with the case therefore in view of section 125 of indian army act and section 69 of the jammu and kashmir army act i need not proceed with the case. the military authorities be informed of this order with .....

Atal Bihari Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ53

..... similarly the order of original authority like, the g.c.m merges with the order of competent authority accepting or rejecting the post confirmation petition under section 164 of the army act. there can be no doubt that where such remedy is provided by the statute, a post-confirmation petition partakes the character of an appeal and any ..... present case, it would first require to be examined as to what is the nature of the post-confirmation petition made by an aggrieved person under section 164 of the army act. and if it transpires that such a petition had a statutory character and was filed in exercise of a legal right, its acceptance or rejection ..... thus:article 365:- petitions against orders, findings or sentence of courts martial:(a) a person subject to the army act who considers himself aggrieved by any order, finding or sentence of a court martial has a legal right under army act section 164 to submit a petition against such order, finding or sentence. a petition may only be addressed by .....

Union of India and ors Vs. Mukesh Kumar

Court : Jammu and Kashmir

..... admitted to bail pending consideration of his writ petition swp no. 1362/2009, questioning the conviction and sentence awarded by the summary general court martial under sections 69 of the army act, contrary to sections 456 and 354 of the ranbir penal code. 2 the respondent was admitted to bail by the learned single judge on the solitary ground of his having ..... the facts and circumstances of the case because the period spent by him during the trial had to be set off in terms of the provisions of section 169-a of the army act. 3 we have considered the submissions of the learned counsel for the parties and gone through the material available on records. perusal of the order of ..... restricted to the remainder, if any, of the term of imprisonment imposed on a person in terms of the provisions of section 169-a of the army act but the respondent cannot derive any benefit of the provisions of section 169-a referred to by his learned 4 counsel, for, we do not find any material on records on the basis .....

Sachdev Sharma Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1964CriLJ337

..... section 3 thereof, shall, wherever they may be serving, be deemed to be on active service within the ..... or of any to be on active service within the meaning of this act.in the instant case the central government issued the notification which reads as under:-in exercise of the powers conferred by section 9 of the army act., 1950 (46 of 1950), the central governed hereby declares that all persons subject to that act, who are not on active service under clause (1) of .....

Dev Raj Vs. Union of India (Uoi) Through Ministry of Defence and 3 ors ...

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ484

..... vide ai 317/52. you were failed to report for reservist training during 1961 when called for. as such you were declared deserter and dismissed from service under army act sec 30(3) wef 11 nov 64 i.e. after 3 years from the date of desertion.3. in view of the above, you are not entitled for ..... being heard and made the charges against him and whether any specific order was passed with regard to forfeiture of the pensionary benefits, as required under section 71 of the army act? the reply further does not disclose as to whether summary court martial, after considering the facts, found the petitioner guilty and awarded the punishment of ..... years reserve service by the petitioner, entitles the petitioner for the grant of pension. the order declaring the petitioner deserter and dismissing him from service under section 20(3) of the army act, has been made without giving him any hearing and is, therefore, unsustainable in law being violative of principles of natural justice, when the petitioner .....

Captian Vinod Kumar Vs. State of Jandk;

Court : Jammu and Kashmir

..... that the entire trial be abandoned and stopped.18. mr. slathia in his wisdom has made an attempt to give this case a different complexion in terms of section 122 of the army act, 1950 wherein the maximum period prescribed in giving the consent by the authority is three years stating that in the present case, after the earlier consent held to be bad ..... that the trial needs to be stopped and abandoned.27. we have also examined the present case in terms of section 122 of the army act, 1950, which deals with period of limitation for trial by court-martial of any person subject to the army act in which the maximum period is prescribed as three years, as mr. slathia has made an attempt to take advantage .....

Union of India (Uoi) and anr. Vs. Narinder Singh Mehta (Brigadier)

Court : Jammu and Kashmir

Reported in : 1997CriLJ719

..... by an order made on 17-1-1994. a charge sheet was served on him on 9-1-1994 for allegedly having committed offences bunder section 63 of the army act, 1950, hereinafter .referred to as 'the act' and he was eventually convicted and sentenced by the gcm to (a) forfeiture of three years service for promotion -(b) forfeiture of three ..... aspect is required to be noticed in this behalf. regard being had to the scheme of section 164 of the army act, 1950, sub-section (1) deals with the right of a person said to have been aggrieved who could (avail the benefit of that section and subsection (2) provides a right of any person said to have been aggrieved to enable ..... 1-1994 and the charge was served on the petitioner (respondent) on 9-1-1994 and that a finding was recorded that the petitioner committed offence under section 63 of the army act and eventually he was convicted passing an order of : sentence as heretofore stated, while the writ petitioner was serving in the state of rajasthan, therefore, .....

Balwant Singh Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Reported in : 1992CriLJ1712

..... , the error stands rectified. therefore, this issue is no more res integra.9. regarding challenge to the constitution of the summary court martial in terms of section 116 of the army act, the record does not bear out the submission. as held in : [1988]2scr953 commanding officer (respondent no. 2) was surely competent to convene and constitute ..... repel the contentions raised and pointed out that judgment reported in : 1988crilj158 stood reviewed by the hon'ble supreme court, holding that the provisions of the section 130 of the army act were not applicable to the summary court martial. he also relied upon the judgment of the hon'ble supreme court reported in : [1988]2scr953 to ..... on december 7, 1990 when the learned counsel for the petitioner came up with some new legal pleas alleging infraction of the provisions of sections 130 and 116 of the army act by the respondents. the contention in this regard was buttressed by the assertion that the petitioner had not been asked as to whether he .....

Ranbir Singh Vs. General Court Martial and anr.

Court : Jammu and Kashmir

Reported in : 1991CriLJ2850

..... authority or upon the central government, to give reasons in support of its decision to confirm the proceedings of the court martial. after considering the provisions of section 63 of the army act, the supreme court held, 'apart from any requirement imposed by the statute or statutory rule, expressly or by necessary implication, we are unable to accept ..... hanged by neck till he is dead. the proceedings of the gcm are sought to be quashed on the grounds of violation of the provisions of the army act and the rules framed thereunder. it is prayed that after setting aside the conviction and sentence the petitioner.be set at liberty.2. the facts relevant for ..... technicalities of procedural law. this court cannot convert itself into a court of appeal in respect of the decisions of the court martials constituted under the army act or allow the relaxation in the matter which may result in degradation of the morale and breach of discipline having disastrous results creating chaos and confusion seriously .....