Court : Supreme Court of India
Decided on : Oct-25-1999
Reported in : AIR1999SC3833; 1999(2)ALD(Cri)815; 2000CriLJ15; 1999(3)Crimes263(SC); JT1999(8)SC337; 1999(6)SCALE594; (1999)8SCC375; [1999]Supp4SCR28
..... by the respondent.3. respondent was awarded life imprisonment and dismissed from service by the general court martial after being tried for the of fence under section 302 i.p.c. and under section 69 of the army act, 1950. he preferred a writ petition in the high court for his immediate release from the imprisonment on the ground that he has undergone imprisonment exceeding ..... ' is near allied and 'thin partition do their bounds divide' the two are different, section 433a escapes the exclusion of section 5.7. in the present case, respondent was convicted under section 69 of the army act, 1950 for the of fence of murder. it is true that army act is a special act inter alia providing for investigation, trial and punishment for the of fences mentioned therein by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-1999
Reported in : (2002)10SCC185
..... has the jurisdiction to try a person who commits an offence has to be adjudged from the provisions of the army act itself and not with reference to the criminal procedure code. a bare reading of section 70 of the army act makes it crystal clear that a person who commits an offence of murder against a person not subject to military, ..... that the court martial had no jurisdiction to try inasmuch as the appellant was charged with the offence of attempting to commit rape and section 70 of the army act excludes the same from the purview of the court martial. the high court in the impugned judgment did consider the aforesaid question and interpreting ..... proceeding of court martial under the provisions of the army act, 1950 whereunder he has been found guilty and has been sentenced to imprisonment for 2 years and has also been dismissed from service. the appellant after exhausting the remedies available to him under the provisions of the army act moved the high court under article 226 of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-1999
Reported in : AIR1999SC1412; JT1999(3)SC124; 1999(2)SCALE614; (1999)3SCC709; [1999]2SCR690; (1999)3UPLBEC2005
..... the appellant, has drawn our attention to clauses (xii), (xv) and (xviii) of section 3 of the army act, 1950. these clauses define 'junior commissioned officer, non-commissioned officer' and 'officer'. clause (xviii) of section 3 of the army act, 1950, while defining the term 'officer', has clearly stated that the officer does not include a ..... further for obtaining higher educational qualifications such as post-graduation in law but he felt handicapped because of the provisions contained in army instruction namely army order no. 11 of 1987 according to which only regular commissioned officers can be granted extraordinary leave subject to certain conditions and ..... course/programme/doctoral studies leading a recognised formal diploma/degree in institutions recognised by the ministry of education, science and technology, certified by army headquarters as enhancing the usefulness as an officer. study leave will not be granted for corresponding courses, part-time courses and attending night .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-1999
Reported in : AIR2000SC27; 2000(1)ALD(Cri)412; 2000CriLJ174; 1999(4)Crimes325(SC); JT1999(8)SC413; 1999(6)SCALE633; (1999)8SCC468; 2000(1)LC265(SC)
..... on the other hand the attendant circumstances indicate that the fir was lodged to pre-empt the filing of the criminal complaint against the informant under section 138 of the negotiable instruments act. the high court, therefore, was well within its power in quashing the fir as otherwise it would tantamount to an abuse of process of ..... has instituted the criminal proceedings with an ulterior motive for wreaking vengeance and to pre-empt the filing of the criminal complaint against him under section 138 of the negotiable instruments act and, therefore, the high court rightly came to the conclusion that allowing the criminal proceedings to continue would result in manifest injustice and as ..... i.r. inter alia on the ground that the averments in the f.i.r. do not make out the offence of either section 406 or section 420 as the necessary ingredients under sections 405 and 415 of the ipc have not been indicated. the respondents also took the ground that the criminal proceeding pursuant to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-1999
Reported in : AIR1999SC1980; 1999(1)ALD(Cri)913; 1999(2)ALT(Cri)261; 1999CriLJ2894; 1999(3)Crimes60(SC); 1999(2)CTC503; JT1999(3)SC631; 1999(3)SCALE620; (1999)4SCC521; [1999]3SCR513; 199
..... dismissed from the naval services. this order was of 16th may, 1991. against the aforesaid order the respondent moved the chief of the naval staff under section 163(1) of the act and the chief of the naval staff though sustained the conviction but reduced the punishment of imprisonment for a term of 9 calendar months. the punishment of ..... or air force when commit any offence are dealt with by the special provisions contained in the army act or the navy act or the air force act and not by the normal procedure code. the said navy act is a complete code by itself and prescribes the procedure to be followed in case it is decided that an officer should ..... sharma and the conclusion becomes inescapable on the basis of the said statement of mrs. nirmala sharma that the respondent has been rightly found to have committed offence under section 354 by the authorities in the court martial proceedings.7. in the aforesaid premises, we set aside the impugned judgment of the bombay high court and dismiss the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-13-1999
Reported in : AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)
..... in consultation with the election commission.(8) in sub-sections (3) and (5) 'service qualification' means -(a) being a member of the armed forces of the union; or(b) being a member of a force to which the provisions of the army act, 1950 (46 of 1950) have been made applicable whether with or without modifications; ..... roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950)section 5 - qualifications for membership of a legislative assembly - a person shall not be qualified to be chosen to fill a ..... legislative assembly. it was also contended by the appellant that the first respondent was not 'ordinarily resident' within the meaning of section 20 of the representation of the people act, 1950 (hereinafter called the '1950 act') in nilanga constituency and, therefore, not qualified to contest the election from the said constituency. it was further contended that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1999
Reported in : AIR2000SC551; JT1999(10)SC145; 1999(7)SCALE567; (2000)2SCC321; [1999]Supp5SCR466
..... the sugarcane agreements or after the sale and transfer of property in sugarcane from the growers to the manufacturers are outside the charging provisions of section 3(2) of the sales tax act and also for a mandamus restraining the sales-tax authorities from re-covering purchase tax by including the amounts paid as planting and transport ..... acceptance of that offer by the grower also precedes growing of sugarcane and the statutory offer which the grower is required to make under section 10 (1) of the madras sugar factories (control) act. it was also submitted that even after taking planting subsidy the cane grower may or may not plant that specified variety and even if ..... goods and would clearly be component of the price charged from the purchaser and would be part of the sale price as defined in section 2(d) of the west bengal sales tax act, 1954. when the manufacturer of refrigerators sold refrigerators with one year service warranty on which the customers had no option, the charges for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-1999
Reported in : AIR1999SC2294; JT1999(2)SC315; 1999(2)SCALE208; (1999)3SCC555; [1999]2SCR118; (1999)2UPLBEC1360
..... any further construction on the said land, the respondents proceeded with the construction work resulting in the notice to desist issued by the appellants under section 185 of the cantonments act, 1924. the said section provides that the board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment ..... or other property thereon may be transferred. such transfers would require consent of the officer commanding the station when the transfer is to a person not belonging to the army. in respect of old grant tenure, therefore, the government retains the right of resumption of land.14. in the case of sh. raj singh v. the ..... 3) if the ground has been built upon, the buildings are not to be disposed of to any person of whatever description who does not belong to the army until the consent of the officer commanding the station shall have been previously obtained under his hand.10. the high court in its impugned judgment has reproduced extracts from .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-1999
Reported in : AIR1999SC3724; 1999(2)ALD(Cri)626; (2000)1CALLT6(SC); 1999CriLJ4597; JT1999(6)SC514; 1999(5)SCALE388; (1999)7SCC714; [1999]Supp2SCR237
..... by the high court by reason of lack of probative value of an extra judicial confession found by the high court in an appeal against conviction and sentence under section 376 read with sections 302 and 201 of the indian penal code.2. admittedly, there is no direct evidence available on the record so as to attribute the commission of crime ..... and their relation had come to see television at our house. i came from outside after taking liquor. then i was served rum by my brother who is in the army. when manpreet went out of the house, i followed her. then i caught hold of her took her in the veranda where grain husk was lying. i then untied ..... is satisfied that the confession was voluntary, conviction can be founded on such evidence. keeping these principles in mind, we find that the confession has been properly accepted and acted upon by the courts below and there is no scope for any doubt regarding the complicity of the appellant in the crime. the confession of the appellant was voluntary. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-15-1999
Reported in : AIR1999SC3345; 1999(6)ALT27(SC); JT1999(8)SC354; (2000)1MLJ93(SC); 1999(6)SCALE574; (1999)8SCC308; [1999]Supp4SCR5; 2000(1)LC85(SC); (2000)1UPLBEC230
..... to protect the administration of justice and is reasonably justified and necessary in a democratic society. it is not only an offence under the contempt of courts act but is sui generis. courts are not unduly sensitive to fair comment or even outspoken comments being made regarding their judgments and orders made objectively, fairly ..... this respect as also in respect of the writ petition itself.we request mr. k.k. venugopal, senior advocate, president of the supreme court bar association, to act as amicus and advise the court.. .. ... ...3. after hearing learned amicus as well as other learned counsel-appearing in the case, who all rose above the ..... state. they are being answered in one voice by every institution at its command - the army, the police, the bureaucracy, the courts. and not just answered, but answered unambiguously, in bitter, brutal ways.. ... ...according to the land acquisition act of 1894 (amended in 1984) the government is not legally bound to provide a displaced person .....
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