Court : Chennai
Reported in : (2007)4MLJ140
..... 2. the case against the petitioner was taken by the second respondent general court martial [for short, 'gcm'] exercising option under section 125 of the army act, 1950, which reads as under:section 125. choice between criminal court and court-martialwhen a criminal court and a court-martial have each jurisdiction in respect of an offence ..... , it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person ..... same must be given. the learned counsel drew the attention of the relevant provisions of the army act and particularly, to section 135 of the army act as well as rules 34, 136 and 137 of the army rules, which read as follows:section 135. summoning witnesses(1) the convening officer, the presiding officer of a court-martial, .....
Tag this Judgment!Court : Delhi
Reported in : 2002(64)DRJ854
..... passed by the gcm and (b) in the alternative to permit the respondents to pass appropriate orders on the question of sentence in exercise of the powers vested under section 163 of the army act, 1950, after modifying the court's previous order dated 10.5.1999. this application was vehemently opposed by the petitioner herein in the apex court. a perusal of the ..... fact that hon'ble supreme court had declined to direct the petitioner to present himself before the gcm without his reinstatement. the relevant provision is section 2(2) of the army act 1950 sates that every person subject to this act shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. it is certainly arguable that the respondents ought .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397
..... in orders to extract a confession as a result whereof bhagwan das died. a general court martial (gcm, for short) was convened under section 109 of army act, 1950 which tried the respondent and the other officers. on 26.12.1978 the gcm awarded the sentence of forfeiture of three years service for purpose ..... the fact remains that such penalties have been treated as punishments awardable by court martial under section 71 of the army act, 1950. the power conferred by section 19 on the central government and the power conferred on court martial by section 71 are clearly distinguishable from each other. they are not alternatives to each other in ..... be necessary to keep in view the provisions contained in section 19 and 122 of the army act, 1950 and rule 14 of army rules, 1954 which are extracted and reproduced hereunder :-army act, 195019. termination of service by central government. - subject to the provisions of this act and the rules and regulations made thereunder the central government .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2481; 2003(2)ALD(Cri)147; 2003CriLJ3028; JT2003(4)SC235; 2003(4)SCALE284; (2003)6SCC359; [2003]3SCR881; 2003(2)LC1066(SC)
..... difference to the application of the principles laid down by this court in the aforesaid decisions section 130 of the army act as well as section 102 of the navy act relate to the objection to the inclusion of any officer as member of the court martial. it may be that the ..... therein were wholly inapplicable to the case in hand, because in that case this court had considered the provisions of the army act, particularly section 130 thereof which is quite different from section 102 of the act. he, therefore, supported the ruling of thetrial judge advocate rejecting the objection of the respondent to two members of the ..... jurisdiction had not been vested with jurisdiction under the act.' 30. learned counsel for the appellant submitted that except one, the aforesaid decisions were rendered while considering the provisions of section 130 of the army act, which is differently worded, it may be that section 130 of the army act is differently worded, but that will not make any .....
Tag this Judgment!Court : Delhi
..... leave from 7th january, 2008 to 10th march, 2008 and the disciplinary case under investigation was pending on 24th october, 2007 for an offence under the army act under section 39 (absence without leave from 22nd to 24th october, 2007) and since severe reprimand was awarded to the petitioner through the summary trial by the co 2 ..... that the petitioner was tried summarily and awarded severe reprimand by col.k.bhushan, sc, sm, commandant, 2 assam riffles on 26th april, 2008 under section 39(a) of the army act for being absent without leave from 22nd october, 2007 to 24th october, 2007. 19. the respondents contended that the petitioner was tried summarily again and ..... awarded severe reprimand by col.k.bhushan, sc, sm, commandant, 2 assam riffles on 21st august, 2008 under section 39(d) of the army act for being absent at the time fixed at the place appointed for duty. regarding the severe reprimand dated 21st august, 2008, the respondents disclosed that .....
Tag this Judgment!Court : Supreme Court of India
..... . 590 of 1991 wherein the learned single judge has declined to interfere with the order dated july 20, 1990 whereby the confirming authority under section 164 of the army act, 1950 (for short the act) had passed an order of confirmation as regards the sentence of cashiering but reduced the rigorous imprisonment from five years to six months as imposed ..... bangalore to udhampur well knowing that his such luggage and car had not been so transported.second charge such an offence as is mentioned army act in clause (d) of section 52 of the section 52(d) army act with intent to defraud,in that he, at field, on 18th jan. 89, with intent to defraud submitted leave travel concession ( ..... of major a general court martial proceeding was convened against him on the following charges: -first charge such an offence as is mentioned army act in clause (f) of section 52 of the section 52(f) army act with intent to defraud,in that he, at field, on 30th jan. 89, with intent to defraud submitted a claim of rs. .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT276(HC)
..... regard to the disposals of the statutory complaints of the petitioner.56. in terms of section 27 of the army act, the aggrieved army officer is entitled to file statutory complaint. section 27 of the army act is quoted hereunder:section 27. remedy of aggrieved officers.--any officer who deems himself wronged by his commanding officer ..... services regulations/ however, do not authorise the military secretary's branch to declare any statutory complaint as untenable. furthermore, section 27 of the army act specifically provides that any army officer who deems himself wronged by his superior officer may complain to the central government for redressal of the grievances and therefore ..... order passed by the military secretary's branch is incurably bad and non est.61. the learned additional solicitor general referring to section 27 of the army act submits that procedure for filing complaints has been clearly stipulated in para 364 of the defence services regulations. according to the learned .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... proper to deal with them accordingly, may be due to the simple reason that the trial by the court martial had become barred by limitation under section 122 (4) of the army act, 1950, according to which, no trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the ..... army act, 1950 on conviction by a court martial. the punishment that can be inflected on the guilty is of imprisonment for a term which may extend to five years or such less punishment as is provided in the act. it is thus evident that as and when the offence of fraudulent enrolment in terms of section 43 of the army act ..... no court martial proceedings had been initiated in the matter. there does not appear to be any limitation for initiating the action under army act section 20 read with army rule 17. section 122(4) of the army act no doubt creates a bar on initiation of a court martial proceedings on expiry of three years from the commission of the offence. .....
Tag this Judgment!Court : Supreme Court of India
..... had the necessary jurisdiction. in support, he referred to statutory provisions, namely, section 2 of the act, as per which aft act applies to all persons subject to the army act, 1950 and argued that since the respondent was subject to the army act, aft act was applicable to him. he also submitted that the respondent was still subject ..... to the army act insofar as matter relating to court martial, etc. were concerned. he also referred to the definition of section ..... such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air force or naval force, are seconded to the other .....
Tag this Judgment!Court : Supreme Court of India
..... had the necessary jurisdiction. in support, he referred to statutory provisions, namely, section 2 of the act, as per which aft act applies to all persons subject to the army act, 1950 and argued that since the respondent was subject to the army act, aft act was applicable to him. he also submitted that the respondent was still subject ..... to the army act insofar as matter relating to court martial, etc. were concerned. he also referred to the definition of section ..... such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air force or naval force, are seconded to the other .....
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