Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 6. section 38(1) of the army act, 1950 means that a person deserts or attempt to desert. the expression desert has not been defined but plain and simple meaning / definition of ..... an absentee under aa s. 106 is not by itself a deciding factor if other evidence suggest the contrary. note which elaborates the scope of section 38 of the army act, 1950 for the purposes of administrative convenience clearly says that intention has to be seen with reference to the evidence laid by the delinquent and the emphasis ..... (1) of desertion. more appropriately this is a case where a person has remained absented without leave i.e.section 39 of the army act, 1950 reads as under: absence without leave - any person subject to this act who commits any of the following offences, that is to say- (a) absents himself without leave; or (b) without sufficient cause .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... by stating that the authority, under which administrative action could be taken against the appellant notwithstanding the finding and sentence of the scm, is contained in army act section 20(3) and army rules 13 and 17, which specifically provide that any individual can be removed from service if convicted by a court martial and his retention in service is ..... reply of the appellant was considered by the appropriate authority and not finding any justifiable reason for retention in service, his services were terminated in terms of army act section 20 and army rule 17 and there was nothing illegal or irregular or mala fide in such action of the respondents. 4. it was next argued by the appellant that ..... to the authority to decide as to which court should try an accused. it is not for the accused, in any situation, to question the provisions contained in army act section 125. it is for the magistrate to decide whether the case is to be tried by the criminal court or not, and if he feels so, he .....
Tag this Judgment!Court : Delhi
..... a gcm which exonerated him of all the charges. the confirming authority did not confirm the said verdict instead exercised the right of judicial revision under section 160 of the army act and remanded the matter to the gcm with directions. 82.2 on remand the gcm recorded additional evidence examined some more documents but again reiterated its ..... time barred action. further it had come in the way of his promotion to the rank of lt. colonel. his representation challenging the action under section 16 (2) of the army act was rejected by the competent authority. 82.4 this court referred to the decision in dharam pal kukrety and the earlier decisions in harjeet singh sandhu ..... the findings of a court martial given on the 2nd occasion after remand of the case in exercise of the power exercised by the said authority under section 160 of the army act. b) unless the findings of the court martial holding an accused guilty or not guilty are confirmed, the accused can neither be treated as guilty nor .....
Tag this Judgment!Court : Delhi
..... a gcm which exonerated him of all the charges. the confirming authority did not confirm the said verdict instead exercised the right of judicial revision under section 160 of the army act and remanded the matter to the gcm with directions. 82.2 on remand the gcm recorded additional evidence examined some more documents but again reiterated its ..... time barred action. further it had come in the way of his promotion to the rank of lt. colonel. his representation challenging the action under section 16 (2) of the army act was rejected by the competent authority. 82.4 this court referred to the decision in dharam pal kukrety and the earlier decisions in harjeet singh sandhu ..... the findings of a court martial given on the 2nd occasion after remand of the case in exercise of the power exercised by the said authority under section 160 of the army act. b) unless the findings of the court martial holding an accused guilty or not guilty are confirmed, the accused can neither be treated as guilty nor .....
Tag this Judgment!Court : Privy Council
..... 19 the appellant, conscious of the difficulties just mentioned, sought to meet them by contending that the sub - section did not apply to all proceedings under the army act, but only to proceedings in respect of acts on which charges under the ordinary criminal law could be based. in their lordships' view it is quite impossible ..... the high court the question whether s. 270, government of india. act, 1935, (hereafter referred to as "the act") is applicable to courts - martial held under the army act in respect of a british officer attached to the indian army. sub - sections (1) and (2) of that section are as follows . "270.-(1) no proceedings civil or criminal ..... to read any such qualification into the sub - section. they agree with the view expressed by the learned chief justice in the federal court that "there is no halfway house. either all court - martial proceedings under the army act are criminal proceedings within s. 270 (1), or no court - martial .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1990CriLJ1417
..... deals with furlough and parcle. according to section 5 of the code of criminal procedure, nothing contained in the code applies to any special or local law in the absence of a specific provisions to the contrary. there being a specific provision in the special law, namely, army act, 1950, no provision of the code of criminal ..... a return was filed in the connected writ petition no. 1511 of 1989. it was staed that the army act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down in army headquarters letter no. 2248/psi dated june 24, 1963. according to the instructions, periodic review was made ..... 705 (punj & har), the learned judge construed the expression 'until such person is dischrged or removed in due course of law' occurring in section 3(2) of the transfer of prisoners act, 1950. reference was made to a division bench decision in sitaram baralal v. state of madhya pradesh, air 1969 madh pra 252, from which the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... and statement of evidence was recorded. subsequently, the appellant was tried by the gcm on seven charges, four under army act section 52(f) read with section 34 ipc, one under army act section 63 read with section 34 ipc and two under army act section 42(e). after trial, based on the evidence, the gcm found the appellant not guilty. however, on revision, ..... of 2000 before the delhi high court for quashing the general court martial (gcm) proceedings, whereby he was held guilty of having committed the offence under army act section 52(f) read with section 34 of the indian penal code and sentenced (i) to forfeit five years service for the purpose of pension and (ii) to be severely reprimanded. ..... would be appropriate to refer to charge no. 3. it reads: third charge army act sec. 52(f) read with sec. 34 of indian penal code against both the accused such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud in that they together at field, between 15 jul 92 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... initiator of this anonymous letter. accordingly, he was not permitted to work in his capacity as a store keeper and was victimised by the respondents. the charge of intoxication under army act section 48 did not stand scrutiny as no medical check up was done. to the contrary, the appellant asked for medical check up which was denied and a false and fabricated ..... by 78 days. the second incident, that is of intoxication, occurred on 15.12.1998. the charges that were framed against the appellant are as given below: first charge army act section 39(b) without sufficient cause overstaying leave granted to him in that he, at ambala cantt, on 20 nov 98, having been granted leave of absence from 01 sep 98 ..... cause to rejoin at 0600 h on 11 sep 98 on the expiry of the said leave till he voluntarily rejoined on 28 nov 98 at 0500 h. second charge army act section 48 intoxication in that he, at 1830 h on 15 dec 98 was intoxicated. 4. the respondents argued that the facts of the matter are that on 1.8 .....
Tag this Judgment!Court : Jammu and Kashmir
..... -writ petitioner cannot be treated as a deserter. as rightly held by the learned writ court, his case was to be dealt with by following the procedure prescribed under section 106 of the army act, 1950. the said provision has not been complied with. the order of punishment imposed upon the respondent-writ petitioner was not sustainable in law and has been rightly set ..... -writ petitioner was false and incorrect. 9. the respondent-writ petitioner has been treated as deserter from the day first and dealt with accordingly by the competent authority. 10. section 38 of the army act 1950 refers to the deserter, while section 39 refers to those persons, who remain absent from the duties. if the person is declared to be a deserter, then provisions of .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ1263
..... for proper appreciation of the argument ' advanced on behalf of the petitioner, it would be pertinent to notice certain relevant provisions of the army act and the rules made there under. section 153 of the army act lays down that no finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it ..... in form a-3 by the central government in this behalf. the said warrant was issued by the central government as far back as july, 1950 pursuant to the provisions of the army act and it was addressed to 'the officer not being under the rank of a field officer commanding xi corps'. the said warrant contains the ..... is wholly illegal, the court of revision may award any legal sentence.7. it would also be necessary here to notice some more provisions of the army act and the rules. section 71 of die said act provides for various types of punishments which may be awarded by court-martial. these include (a) death; (b) transportation for life; (c) imprisonment .....
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