Court : Supreme Court of India
Reported in : AIR2004SC293; JT2003(9)SC103; 2003(9)SCALE558; (2003)8SCC720; (2004)1UPLBEC909
..... force which shall be designated as indian military nursing service. the ordinance prescribes the conditions of eligibility for appointment in section 6. section 9 of the ordinance provides that the provisions of the indian army act, 1911 shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to members of ..... the indian military nursing service as they apply to indian commissioned officers, unless they are clearly inapplicable to women. 3. section 10 of the said ordinance empowers ..... can hardly be faulted unless on the ground of wednesbury principle of rationality. in our view there is no such irrationality in the decision of the army act which requires us to interfere in exercise of our constitutional powers. the petitions have no merit and arc liable to fail.16. the members of the .....
Tag this Judgment!Court : Guwahati
..... an empty cot from where the petitioner was apprehended by rifleman/general duty r. singh and others.3. a general court-martial (gcm) was accordingly convened under the army act,1950 (for short the act) to try the petitioner, on the following two chargesin that he,at field, on 9th august 2003, committed theft in respect of following rifles, magazines and ammunition ..... in para 8 of the judgment is as follows:8. pleading of 'guilty' means an admission of an accused having committed the offence with which he is charged. under section 115(2), the plea of guilty shall be recorded as the finding of the court. the use of expression 'does not plead intelligibly' in rule 115(1) indicates ..... attached to the proceedings of the court-martial as enshrined in the enacted provisions of law. this has violated rule 33 of the army rule 1954, rule 95, 95(2) of the army rules, 1954 as also section 303 of the code of criminal procedure, 1973.22. the learned cgc in reply to the above clarified that even though there .....
Tag this Judgment!Court : Delhi
Reported in : 2008(106)DRJ865:2009(3)AIRKarR268(F.B).
..... slabs falling on him. one of the reasons which appear to have persuaded the same division bench was that persons on annual leave are subject to the army act and can be recalled at any time as leave is at the discretion of the authorities concerned. a rule of this nature is necessary to cover the ..... eligibility to claim disability pension.14. in shekhawat learned counsel neglected to highlight that the petitioner was a non-commissioned personnel and therefore it was chapter 3, section iii (being the pandect comprising regulations 172-190) which applied to the case. however, since these provisions are identical in material and relevant particulars to chapter 2 ..... rule 173 must be considered and applied. 10. china retired in the rank of colonel and his claim for disability pension was therefore governed by chapter 2 section iii comprising regulations 47-64 of the pension regulations. after noting that the medical board had opined that the two disabilities suffered by china were not attributable .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR360
..... union. for this purpose mr. manjrekar has drawn our attention towards the provisions of army act, 1911 which was subsequently repealed in 1950, as well as to the provisions of the general clauses act and has contended that the persons who were members of the indian army at the time of the independence of india are now deemed to be the members ..... respondent no. 2 shridhar balwant kanade for grant of such certificate. obviously this certificate was issued by the commanding officer or the head of services under section 13-a1 of the act. it is this certificate which is substantially challenged in this writ petition by the petitioners on the various grounds.2. it now appears to be an ..... employed elsewhere; and while so employed had let out his premises with open eyes. this intention of the legislature is further clear from the provisions of sub-section (b) of section 13-a1, which lays down a period of five years in case of death of an ex-serviceman. even the right conferred upon the widow of an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1937; 2008(1)ALD(Cri)861; JT2008(3)SC601; 2008(3)SCALE575; 2008AIRSCW2197; 2008(2)AICLR488; 2008(2)AICLR488
..... no such sanction was required to be taken as the appellant would be governed by the provisions of section 125 and 126 of the army act, 1950. the said provisions in our considered opinion have no application whatsoever. section 125 of the act postulates a choice of the competent authority to try an accused either by a criminal court or ..... any court or proceedings for court martial. section 126 provides for the power of the criminal court to require ..... the completion of investigation by cvc, the matter was barred by limitation for taking action under the army act against the accused. hence the delay in filing this complaint in the court and the delay may be condoned under section 473 cr.p.c. as the delay was not intentional but inevitable in holding court of inquiry. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);
..... 226 of the constitution of india having regard to the settled principle of law that it does not exercise any power of superintendence over the courts constituted under the army act, bsf act and in that view of the matter it could not have reappreciated the evidence. the learned counsel would contend that admittedly mr. m.s. arya was a commandant ..... or by any officer empowered in this behalf by warrant of the central government.16. the central government in exercise of its power conferred upon it under section 141 of the border security force act made rules known as the border security force rules, 1969. some of the provisions of the rules are in the following terms:14a ranks-(1) ..... ; each wing being a component thereof the same cannot be treated to be a separate unit for the purpose of rule 45b of the rules. section 2(1)(f) of the border security force act defines commandant with reference to a unit and not commandant as a holder of post.19. rule 46 is a proviso or an exception to rule .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2085
..... giving false declaration that he was not implicated in criminal case constitute a culpable offence under the army act. admittedly, petitioner filled up application form for the post of constable in indian army in december, 1994 and thereafter he was implicated in criminal case on 17.3.1995 (paragraph 9 of the writ petition ..... . the sessions court found that there were allegations of beating the injured complainants and a case crime no. 122-a of 1995 was registered on 17.3.1995 under section 147, 148, 307, 323, 149, ipc. the witnesses namely pw 1 sukhvir singh, pw 2 man vendra pal singh, pw 3 omveer singh and pw 4 ..... verification of character which is mandatory for retention in service. the recruit was dismissed from service on the direction of hq atnkk & g area, by the commandant under army rule 13(3) item (iv), being unlikely to become an efficient soldier'. since implicated in a criminal case.it is further submitted that petitioner had enrolled himself by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1840; 2007(2)JKJ41[SC]; JT2007(6)SC518; 2007(6)SCALE447; (2007)4SCC548
..... . we now take up the arguments seriatim.it is true, as has been contended by mr. ganesh, that the army action had been taken pursuant to the notification under section 3 of the act declaring jammu and kashmir as a disturbed area. section 4 of the act permits persons of specified rank to arrest without warrant in situations referred to therein ..... for respondent nos. 1 and 2 has however pointed out that the action taken on the 2nd and 3rd february, 1988 by the army patrol was fully in consonance with the provisions of the act, which authorized a search, seizure and arrest under certain circumstances. it has also been pleaded that the original police file could not ..... s house and his detention was apparently taken under the authority conferred by the armed forces (j&k;) special powers act, 1958 (hereinafter referred to 'the act') which retains the pre-eminence of the civil authority over the army inasmuch that it provides that the use of the armed forces would be only 'in aid of the civil power .....
Tag this Judgment!Court : Delhi
Reported in : 76(1998)DLT695
..... this period were attached to another unit within delhi. on 7.11.1998 some proceedings under army rule 22 were initiated against them by respondent no. 6, who framed charge sheet against them under sections 63, 64 and 65 of the army act. they were neither supplied with the copy of the charge sheet nor other connected documents. they ..... were made to sign some papers. the matter was thereafter adjourned to 9.11.1998 for purposes of recording summary of evidence under army rule 23. four applications were ..... submitted by the petitioners on 8.11.1998. the petitioners claimed that as the proceedings against them were being held in violation of army act, army rules and regulations, they had no option but to approach this court for appropriate directions. the petitions were filed on 8.11.1998 and came up .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)109; 1998CriLJ306; I(1998)DMC322
..... he had gone to his sister's house at akurdi, pune. this explanation of respondent-accused vinayak was found not satisfactory and, therefore, he was punished under the army act by the authorities. the prosecution story proceeds further, that on 17-2-1983 in the morning, respondent-accused vinayak approached one mr. a.s. gill, the major ..... apart, it is not the defence case of respondent-accused vinayak that it has been obtained under any threat or coercion. however, in the statement recorded under section 313 of the criminal procedure code, respondent -accused vinayak has stated that the military officers have brought this document to him and obtained his signature. there is no allegation ..... . the legal position in the matter of a case like this, which rests on the sole prosecution evidence mainly based on extra judicial confession made under section 24 of the evidence act, has been considered by the apex court in various cases. 17. the supreme court in the case of state of u. p. v. deoman .....
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