Judgment Search Results Home > Cases Phrase: army act 1950 section 54 making away with equipment Page 86 of about 8,963 results (0.201 seconds)

Ex Sepoy Surendra Singh Yadav Vs. Chief Record Officer

Court : Supreme Court of India

..... gwalior, madhya pradesh. on verification it was found that the certificate produced by him was not genuine. a charge-sheet was issued under section 44 of the army act, 1950 (for short, the act ) and a preliminary 1 inquiry was conducted against the appellant. during the preliminary inquiry, the appellant admitted that he did not have any ..... proof to show that he had passed the matriculation examination in 1988.3. the appellant was tried by the summary court martial and was found guilty under section 44 of the act ..... a term which may extend to five years or such less punishment as is in this act mentioned. 9. as stated above, the initiation of a summary court martial was for an offence under section 44 of the army act. he was finally exonerated by the reviewing authority but discharged from service in exercise of .....

Murari Lal Sharma and Anr. Vs.union of India and Ors.

Court : Delhi

..... months rigorous imprisonment. the petitioner had filed a statutory complaint against the said order whereupon it was clarified by the respondents that his application had been processed under section 162 of the army act. the order dated 30.10.2015 passed by the armed forces tribunal in the oa filed by the petitioner no.1 records that the vice chief of ..... the aft has set aside the order dated 12.03.2014 passed by the respondents whereby the petitioner no.1 s appeal under section 165 of the army act was rejected, as not being maintainable and the chief of the army staff or any prescribed officer was directed to wp(c) no.10892/2017 page 2 of 4 examine the matter under ..... section 165 of the army act.6. it is stated before us that under section 3(o) of the armed forces tribunal that defines the term, service matter is clause (iv) that excludes matters relating to summary court martial except where .....

State Vs. Hav. Mangla Kumar and A.M. Sangma

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ498

..... mr. a.s. dogra and ms. tabasum mughal, amicus-curia of the accused and mr. nitin bhasin.8. section 519 cr.p.c provides that the government may make rules consistent with this code and the army act in force in the state or any similar law for the time being in force as to the case in which persons ..... court exercising its ordinary jurisdiction in the manner provided by law and section 126 would not come into operation.'their lordships have further held that :'rule 4 is related to clause ..... . but discretion is left to the officer mentioned in section 125 to decide before which court the proceedings should be instituted. it is only when the designated officer does not exercise his discretion and decide that the proceedings should be instituted before a court-martial, that the army act would not obviously be in the way of a criminal .....

The King (at the Prosecution of Arthur Zadig) Vs. Halliday

Court : House of Lords

..... thereof, the person may be proceeded against and dealt with as if he were a person subject to military law and had on active service committed an offence under section five of the army act: "provided that where it is proved that the offence is committed with the intention of assisting the enemy a person convicted of such an offence by a court ..... subject to military law and had on active service committed an offence under section five of the army act." by 4 and 5 geo. 5, c. 63, it was provided: "1. the defence of the realm act, 1914, shall have effect as if - "( a ) at the end of paragraph ( a ) of section one thereof the following words were inserted, 'or to prevent the spread of .....

Ex Sep/Dvr Rakesh Kumar Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... prosecutrix also. 5. the appellant was charged for the offence under army act section 69, which reads as under: army act sec. 69 committing a civil offence that is to attempt to commit rape and in such attempt doing an act towards the commission of the same, contrary to section 511 read with section 376(1) of the indian penal code, in that he, ..... is against the summary general court martial (sgcm) proceedings holding the appellant guilty of having committed the offence under army act section 69 and sentencing him to undergo rigorous imprisonment for five years and to be dismissed from service. 2. the facts giving rise to this appeal, ..... chapter xvi, there is a separate heading for sexual offence , which encompasses sections 375, 376, 376a, 376b, 376c and 376d. rape is defined in section 375. sections 375 and 376 have been substantially changed by criminal law (amendment) act 1983 and several new sections were introduced by the new act, i.e. 376a, 376b, 376c and 376d. the fact that sweeping .....

Mehar Chand Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2009(3)AWC2119

..... .5.1986 which is contained in annexure-2 to the writ petition and has been challenged through this writ petition. against the said finding/order petitioner filed appeal under section 164 of army act which was rejected in april, 1988. copy of the rejection order is annexure-4 to the writ petition and the same has also been challenged.3. one of ..... was found absent was in between 3.10 a.m. to 4.10 a.m. on 8.5.1986. petitioner was charged with the misconduct as described under section 36(d) of army act. a summary court martial was held in which petitioner was found guilty and sentenced to suffer rigorous imprisonment for six months in civil prison and he was also dismissed ..... .i. in civil prison. military force is highly disciplined force. guard duty and that also of the arms and ammunition is one of the most important functions of the army. absolutely, no laxity during performance of such duty can be tolerated or condoned.accordingly, there is no merit in the writ petition hence it is dismissed. .....

Jandel Singh Vs. Union of India and ors.

Court : Madhya Pradesh

Reported in : 1987CriLJ1387; 1987MPLJ100

..... -martial proceeding held under the army act, 1950, (for short the 'act') and he was sentenced to undergo rigorous imprisonment for life. he is serving his sentence in gwalior central jail from where he preferred this petition to this court claiming inter alia that his application under section 182 of the army act is awaiting consideration of the ..... chief of the army staff (respondent no. 2) for the last five months.3. what shri mittal, counsel for the respondents, contends is ..... the petitioner is an ex member of the armed forces (being dismissed from service after conviction). he has to act nevertheless under the army act in discharging his duty under section 182 and legislative acts against judicial challenge. the as such his actions are not immune to challenge under articles 14 and 21 of the .....

Mrs Winifred Ross and anr. Vs. Mrs Ivy Fonseca and ors.

Court : Supreme Court of India

Reported in : AIR1984SC458; (1984)86BOMLR178; 1984MhLJ411(SC); 1983(2)SCALE900; (1984)1SCC288; [1984]1SCR1005; 1984(16)LC860(SC)

..... who had acquired title to the premises in question and became its landlord after he had retired from the service of the army could maintain the petition under section 13a(1). the object of introducing the said section into the act is contained in the statement of objects and reasons annexed to the amending bill which later on was passed by the ..... the high court of bombay held that he could not avail himself of the benefit of section 13a(1) of the act as he had not let out the building while he was in the army. the high court found that section 13a(1) of the act did not govern the case of a person who had retired long back from the armed ..... of the second additional judge, small cause court, pune for recovery of possession of the premises under section 13a(1) of the act. he also produced in the course of the suit a certificate' issued by the army officer concerned as required by that section. the plaintiff claimed that he required the premises for his own use and occupation to stay along .....

R. Unnikrishnan Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1997(2)WLC464; 1997(1)WLN201

..... supreme court as mentioned above., section 71 of the army act prescribes the similar punishments, which are reproduced as under:71. punishment awardable by courts ..... the officer under the law that would be given to him.7. the provisions of section 48 of the border security force act in regard to the inflicting of punishments on b.s.f. personnel are para materia to section 71 of the army act, 1950, under which provisions the army officers were tried and punished in the cases which had come up before the hon'ble .....

C.S. Dinesh Babu Vs. Union of India, Represented by the Secretary, Min ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... and never reported for duties after the expiry of the leave period, was rightly declared as a deserter under the provisions of the army act and was rightly dismissed from service under section 20(3) of the army act. so far as the decision relied upon by the applicant is concerned, upon going through the same, we find that the order ..... allowed. after the expiry of the aforesaid leave, he however did not report for duty as a result of which he was declared a deserter under section 20(3) of the army act and was dismissed from service on 15.10.1980. the applicant also approached the president of india by way of a mercy petition, which too did ..... date. he further submitted that in like manner, one of his juniors made an application for voluntary discharge, which was considered and he was allowed to leave the army, but, in similar circumstances, the applicant was denied the same relief. as per the submission of the learned counsel, action of the respondents was totally discriminatory, arbitrary .....