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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 .....

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 .....

Major General A.K. Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2009(2)Raj1039

..... panag. the petitioner also prayed for setting aside the convening order dated 24.2.2008 being unlawful.12. during pendency of the statutory appeal filed under section 27 of army act, the petitioner preferred a writ petition bearing no. 2116/2008 before the delhi high court and vide order dated 17.3.2008 the delhi high court ..... the duly constituted general court martial under the provisions of army act and rules for the offence committed by him. the trial by general court martial is conducted as per the provisions of the army act, an act framed by the parliament for trial of offenders, the said army act, 1950 has been enacted by the parliament in the light of ..... article 33 of the constitution of india and as per the provisions of the army act, the petitioner shall be afforded all opportunities to defend .....

Union of India (Uoi) and ors. Vs. Lt. Col. Rakesh Gautam

Court : Karnataka

Reported in : 2008(6)KarLJ202; 2008(3)KCCR1530; 2008(5)AIRKarR28(DB)

..... 2001 and it was completed in july 2001. on 25-2-2002 a general court martial was ordered against the writ petitioner under the provisions of the army act, 1950. the proceedings of the general court martial were commended on 13th march, 2002 and were concluded on 1st april, 2002. the petitioner was held guilty ..... 4. though several contentions were raised in the writ petition, the learned single judge considered only the question regarding the bar of trial under section 122 of the army act. even though the petitioner specifically contended in the writ petition that the time gap between the knowledge of the alleged offence and the holding ..... the knowledge of the authority competent to initiate action. therefore the general court martial held against the petitioner was clearly barred by limitation under section 122 of the army act. therefore, the entire general court martial proceedings against the writ petitioner were illegal and unauthorised and the learned single judge was right and justified .....

Ram Nath Vs. Union of India and ors.

Court : Delhi

Reported in : 1989(16)DRJ101

..... it has not at all been considered and rather ignored.'(8) the submission of the counsel regarding the objection having been ignored, is completely untenable. section 116 of the army act makes it abundantly clear that in a summary court martial, the commanding officer alone is to constitute the court. there are no other members of that ..... he has also challenged the order passed by the general officer ccommanding-in-chief, western command. (5) the first plea of the petitioner that provisions of section 130 of the army act have not been complied with is based on a judgment of the supreme court in ranjit thakur v. union of india, : 1988crilj158 . during the course ..... fd. at 1500 h on 16 jan 88 while on duty was found intoxicated.'(3) the petitioner challenged his conviction and sentence by filing a petition under section 164 of the army act to the general officer commanding- in-chief, western command, chandi mandir. this representation dated the 2nd april, 1988 was dismissed on 17th july, 1988. .....

Ali Jabed Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(2)ESC892

..... 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/or4. ar 13 and 17 provide that a jco/wo/or whose dismissal or discharge ..... :---------------------------------------------------------------date of award under section punishment awarded---------------------------------------------------------------9.7.1986 section 39(b) of the army act 28 days ri and 14 days detention in military custody.28.1.1992 section 39(b) of the army act 7 days ri22.6.1992 section 29(b) of the army act 28 days ri1.8.1995 under section 39(b) of 28 ..... days ri and 14 days the army act detention in military custody.---------------------------------------------------------------4. it has also been stated .....

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

Court : Kolkata

Reported in : 1984CriLJ718

..... the parliament to enact laws with regard to naval, military and air force or any other armed forces of the union. the army act, 1950 act 46 of 1950 has been enacted by the parliament. section 21 of the aforesaid act empowers the central government to make rules restricting to such extent and in such manner as is necessary, some of the fundamental rights ..... review of the final opinion once expressed by the court of inquiry in accordance with the provisions of rule 179 sub-rule ((5) of the army rules, 1954 framed under section 191 of the army act, 1950. rule 179(5) expressly provides as follows:-the court may be re-assembled as often as the officer who assembled the court may direct, for ..... penal deduction which is a punishment can be imposed only by court martial or by the officer commanding in a summary procedure as envisaged in sections 80, 83, 84 and 85 of the army act, 1950.8. it has also been submitted that the convening of the court martial for trial of the petitioner is bad as it is in .....