Court : Mumbai
Reported in : AIR1918Bom32; (1919)21BOMLR143
..... his majesty's indian forces is an officer of his majesty's regular forces within the meaning of the army act, 1881. (see section 190 (8)). i further find that under section 136 of that act as amended by section 4 of the army (annual) act, 1895, his pay as an officer of his majesty's regular forces is to 'be paid without any ..... place, it was a case that arose about the maintenance of that soldier's wife and children and there is an express clause in the army act, namely, section 145, which as amended by the army (amendment) no. 2 act, 1915 (5 & 6 geo. v, clause 58) lays down express provisions and confers express powers on the military authorities as regards ..... had attached half the pay in execution of its order for alimony, there would have been a contest between two authorities, namely, the military authorities under the army act deducting 1 section 6 d. per day only and the civil courts deducting rs. 75 per month under the code, and the latter would thereby have been overriding the express .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR159
..... persons who are subject to the act. under section 3(ii) 'civil offence' is denned as 'an offence which is triable by a criminal court', and ..... others, 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.15. 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.14. 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 .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR777; 13Ind.Cas.853
..... case is an officer of the second battalion of the north staffordshire regiment, that is to say, he is an officer of the regular forces.9. now under the army act, section 136, the salary of such an officer is not liable to attachment except by virtue of some law made by the governor-general-in-council in that behalf. but ..... i have referred.5. what is the meaning of the words 'to affect the provisions of the army act' in that clause they mean that section 60 shall not have any effect, it shall not encroach upon the provisions of the army act. what the army act directs is that the salary of the officer in question should be paid to him without any deduction ..... the only law made by the governor-general-in-council in that behalf is admittedly section 60 of the civil procedure code, and that section in its explanation, clause 2(b) expressly declares that it does not affect the provisions of the army act.10. that being so, it seems to me that there is no law of the governor-general .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR228
..... and in routine course it was prepared by his subordinates and he signed the same when it was placed before him.section 57(a) of the army act, 1950 reads as under:57. falsifying official documents and false declaration-any person subject to this act who commits any of the following offences, that is to say(a) in any report, return, list, certificate ..... him and charges were framed on 18/7/1998 for the offences under sections 52(f) and 57(a) of the army act, 1950. the general court martial convicted the petitioner for the first and the fifth charge i.e. under sections 52(f) and 57(a) of the army act, 1950 on 11/8/1998 and on the same day after hearing, he was ..... or favours etc. we, therefore, uphold the findings of the court martial and as confirmed by the general officer commanding-in-chief that the charge under section 57(a) of the army act was duly proved against the petitioner.6. the proceedings of gcm cannot be equated with the proceedings of the domestic tribunal. the law of evidence is not .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR433
..... any other military hospital for medical treatment.' on the basis of the fact that he had been absent without sufficient cause he was charge-sheeted under section 39(b) of the army act, 1950. the charge was to the effect that ' at misamari while granted annual leave w.e.f. 10th november 1988 to 12th january, 1989 he ..... court in the case of major g.s. sodhi v. union of india, : (1991)2scc371 . it would be appropriate at this stage to reproduce section 71 of the army act in order to appreciate the submission of the counsel for the petitioner. '71. punishments awarded by courts martial : punishments may be inflicted in respect of offences ..... 14th may, 1981 he was punished for 7 days detention under section 39(b) of the army act for overstaying leave without sufficient cause. on 12th november, 1982 he was punished for 28 days imprisonment under section 39(b) of the army act and under section 48(1) of the army act for overstaying leave without sufficient cause and for being found intoxicated .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR981
..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom601
..... the pleasure of the president can it be said that the plaintiff still has a right of action for dismissal? the argument here was that the effect of sections 22 to 24, army act of 1950 and the rules and regulations made thereunder was that the service of the plaintiff could not be regarded as during the pleasure of the president.10. this argument ..... must be negatived. in the first place it goes contrary to the express and explicit language of article 310. moreover it ignores section 18, army act which lays down that every person .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ4478
..... 'section 433-a would operate in the field and a prisoner who is undergoing sentence of imprisonment for life and is ..... case where the person undergoes the imprisonment under the army act, is totally devoid of substance. undisputedly, the apex court in the said case was dealing with the matter wherein the concerned person was undergoing life imprisonment pursuant to the conviction under sec. 302 of the i.p.c. read with sec. 69 of the army act, 1950. nevertheless, the apex court therein has clearly held that .....
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