Court : Supreme Court of India
Decided on : Feb-01-2022
..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-2022
..... learned aft, vide which the learned aft, while setting aside the order of conviction, under section 7 of the prevention of corruption act, 1988 (hereinafter referred to as the p.c. act ) read with section 69 of the army act, 1950 (hereinafter referred to as the army act ) and the sentence of cashiering from service and suffering of rigorous imprisonment for one year ..... gcm proceedings were ordered to be instituted against the respondent officer and five others on 28th june, 2012, on the following charges:"a) charge no.1: army act sec 69 committing a civil offence, that is to say, being a public servant, obtaining for himself a gratification other than legal remuneration as a reward for doing ..... april, 2013, as confirmed by the goc vide order dated 29th december, 2013, holding him guilty for the offence punishable under section 7 of the p.c. act read with section 69 of the army act. as such, in the present matter, while considering the appeal of the union of india and others, we will be guided .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2022
..... 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. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-2022
..... were made to cause a wrongful gain, and therefore, the respondent cannot escape his liabilities. observing this, the learned aft comes to a finding that the offence under section 52(f) of the army act, 1950, which reads thus, was made out against the respondent: 52. offences in respect of property. .. (f). does any other thing with intent to defraud, or to cause wrongful ..... inquiry only recommended for award of recordable censure against the respondent while recommending disciplinary action qua other officials under the army act, 1950 (hereinafter referred to as the army act ) and army rules, 1954 (hereinafter referred to as the army rules ). however, as per the direction of army commander, the respondent s name was included in the list for disciplinary action. the court of inquiry was finalized on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-24-2022
..... law. observation made by ld. amicus curiae: the statement of shri rb. sreekumar cannot be discarded as hearsay, in the light of section 6 of the evidence act. result of further investigation: as far as allegation, which suggests that a statement was made by the chief minister shri narendra modi on 27 ..... law & order situation had been issued. cm also briefed the press about his meeting with the union defence minister and also about the deployment of army. he also gave the 351 ----------------------------------------------------------------------------------------- page:419. details of various riot incidents and also about the deployment of cpmfs in the stare. cm also ..... mass violence across the state of gujarat, despite the handicap of administration including the inadequate state police force required to be replenished with central forces/army, which were called without loss of time and the repeated appeals made by the then chief minister publicly to maintain peace.37. realizing the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-03-2022
..... an electronic record.22. the evidence relating to electronic record, as noted hereinbefore, being a special provision, the general law on secondary evidence under section 63 read with section 65 of the evidence act shall yield to the same. generalia specialibus non derogant, special law will always prevail over the general law. it appears, the court omitted to ..... other offences in furtherance of the conspiracy to wage war against india as also to commit murders by launching an unprovoked attack on the soldiers of the indian army. we, therefore, have no doubts that death sentence was the only sentence in the peculiar circumstance of this case. 38 29. the decisions referred to in ..... statement made by him while in police custody. (o) when the assault rifle fired cartridge cases which were recovered from the place of occurrence by the army men after the intruders had escaped from there were examined by the ballistic expert along with the ak-56 rifle which was recovered at the instance of accused .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-25-2022
..... subordinate to the state government ) of the industrial employment (standing orders) act, 1946; section 39 ( authority subordinate to the central government and authority subordinate to the state government ) of the industrial disputes act, 1947; section 2(g) ( subordinate officer ) of the central reserve police force act, 1949; section 47 ( his subordinate in rank ) of the army act, 1950; section 17 ( by an officer subordinate to that government and by an ..... officer subordinate to the state government ) and section 23 ( by an officer or authority subordinate to that government ) of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2022
..... reads as follows: 2(g) all such convicted prisoners sentenced to imprisonment for life and are incarcerated in prison, whose crime is covered by the sections mentioned in prohibited category in sub-rule (vi), (viii) and (ix) of para-3 below, and who have undergone, including undertrial custody ..... 05 1 case 02 mm03mm10mm the level of district 147,148,302/149 & 13 dd19dd09dd megistrate, rampur ipc & 4/25 a.act, robbery 25a.act 1 case 2-319/93 392 i.p.c 24 prakash s/o8303 196/03 murder 17-aug-06 5453/06 pending 17 ..... policy) on c.r.no-310,314/ 10 day 01 day 16 day 26.05.2022 2004 u/s-302,ipc, 7cla act,4/25a.act 8 istaqbal s/o s.t.no-545/2004 murder 1 04/05/2007 3422/2007 07.10.2021 18 year 23 year 55 ..... a dm level cr.no- 1 23-04- 06 kalicharan10452008 decided04mm06mm pending / jail1722004,178/2004 murder2008month maurya17dd20dd policy u/s-302 ipc25s, 24 arms act days6967 avdhesh s/o st no-1044/2003, murder1712- 63/2008 pending1741 ---------- na release on jail haricharan cr no-105/2003, -1 2007 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-2022
..... petitioners versus union of india & ors. respondents 1 judgment dr dhananjaya y chandrachud, j this judgment has been divided into the following sections to facilitate analysis: a. factual background ................................................................................... 3 b. submissions of counsel ......................................................................... 11 c. analysis ..................................................................................................... 24 c. 1 concept and ..... public sector organisations. however, though the pension was reduced, the recommendation relating to their absorption was not implemented. the army personnel then demanded that orop must be implemented; (xx) the reliance placed by the respondents on ds nakara v. ..... class based on the date of retirement; (xv) the decision to define orop in narrow terms is an executive act which can be judicially reviewed and is not a policy decision; (xvi) according to the letter of the union .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-2022
..... injuries sustained by a member of armed forces resulting in disability and the military service. he invited our attention to regulation 173 of the pension regulations for the army, 1961 (for short, the pension regulations ). he also invited our attention to rule 12 of the entitlement rules for casualty pensionary awards, 1982. he submitted ..... v. union 2 of india & ors.). the tribunal held that if an individual sustains an injury during the period of any kind of authorized leave and his act was not inconsistent with military service, his disability is deemed to be attributable to military service.5. on 6th december 2013, this court issued notice to the respondent ..... preceding filing of the application by the respondent before the tribunal. interest @10% per annum was granted on the arrears.3. the respondent was enrolled in the army on 4th june 1965. after rendering colour service for 10 years and 88 days, he was transferred to reserved establishment on 30th august 1975. during his reserve .....
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