Court : Supreme Court of India
Decided on : Dec-04-1986
Reported in : AIR1987SC413; 1987LabIC236; (1995)IIILLJ465SC; 1986(2)SCALE998; 1986Supp(1)SCC501; 1986(2)SLJ998(SC); 1987(1)LC51(SC)
..... and the maintenance of discipline among them.in enacting the army act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the operation of ..... to the armed forces. they answer the description of the 'members of the armed forces' within the contemplation of article 33. consequently, by virtue of section 21 of the army act, the central government was competent by notification to make rules restricting or curtailing their fundamental rights under article 19(1)(c).3. the decision appears to ..... cannot be validly registered. sri gupta submits that unless the members 6f the union are brought within the compass of section 2(1)(i) of the army act, it is riot possible to hold them subject to the army act. section 2(1)(i) refers to 'persons not otherwise subject to military law who, on active service, in camp, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-1986
Reported in : AIR1986SC1060; 1986CriLJ848; 1986(2)Crimes353(SC); 1986(1)SCALE219; (1986)2SCC217
..... was a deserter. now, neither the expression 'deserter' nor the expression 'desertion' has been defined by the army act. however under section 38 of the army act desertion and aiding desertion are made offences. section 38(1) saysany person subject to this act who deserts or attempts to desert the service shall, on conviction by court-martial,if he commits the offence ..... in the second place he contends that he was not a deserter and could not be deemed to be a deserter either, as the procedure prescribed by section 106 of the army act was not complied with.11. the effect of the earlier judgment in the civil appeal was stated in the earlier judgment itself. it was said, ..... military custody after apprehension. it was stated that as captain virendra kumar had deliberately refused to join his new unit he had committed an offence under section 38 of the army act as he had no intention to rejoin duty. the deponent of the counter affidavit then referred to the earlier judgment of the court in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-21-1986
Reported in : AIR1986SC1655; 1986CriLJ1248; 1986(3)Crimes11(SC); 1986(1)SCALE931; 1986Supp(1)SCC190; [1986]3SCR113
..... who are charged with having committed offences which fall under the purview of section 52 of the army act, 1950, section 549(1) of cr.p.c. provides that central government may make rules consistent with cr.p.c. and the army act. in pursuance of this provision contained in section 549(1) cr.p.c. the central government has framed rules known ..... in as much as the rules applied to magistrates and not to a judge presiding over a special court.(2) having regard to the provision contained in section 122 of the army act, 1950, which prescribes a period of limitation of three years, which period had already elapsed during the pendency of the proceedings in the high court, the ..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-24-1986
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 .....
Tag this Judgment!Court : Orissa
Decided on : Dec-01-1986
Reported in : AIR1987Ori217; 63(1987)CLT54
..... duties assigned to him not by virtue of delegation of any sovereign power. he further found that after the amendment of section 110 of the motor vehicles act by the amendment act of 1956, the distinctionbetween sovereign and non-sovereign act of the state no longer existed because all owners of vehicles were brought within the scope of this ..... a sovereign or by a person by virtue of delegation of sovereign powers. (2) the sovereign function of the state must necessarily include the maintenance of the army, variousdepartments of the government for maintenance of law and order and proper administration of the country which would include magistracy and the police and the machinery for administration ..... haryana high court rejected the plea of sovereign immunity.in mrs. pushpa v. slate of jammu & kashmir, 1977 acj 375, a truck under the use of the army knocked down a cyclist causing his death. at that time the truck was loaded with crushed barley for being used as a feed for the mules. it was held .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-23-1986
Reported in : 1987CriLJ637
..... person decides that it should be instituted before a eourt-martial, to direct that the accused person shall be detained in military custody.5. under section 126 of (the)army act, 1950 when a criminal court having jurisdiction is of an opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, ..... petitioner before this court and opposite party no. 2 is retired lt. general jagdishwar singh nakal. the petitioner is a person subject to (the) army act, 1950. there is no dispute about it. in section 3(b)(ii) 'civil offence' has been defined as an offence which is triable by a criminal court. as between these two parties mentioned ..... of session to stand their trial. against this order, the present petition under section 482, cr.p.c. has been filed.2. section 69 of (the)army act, 1950 clearly lays down that subject to the provisions of section 70 any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-11-1986
Reported in : [1986(52)FLR634]; (1994)IIILLJ149Bom
..... as the daily orders dated 9th september, 1981 showed, due to his having been rendered surplus. the petitioner was, therefore, retrenched. the requirements of section 25f of the industrial disputes act, 1947, had, admittedly, not been complied with. the termination of the petitioner's services was, hence, void ab-initio and he was entitled to ..... and that it carried on a sovereign function of government. it was, therefore, not an industry within the meaning of section 2(j) of the said act. 7. industry is defined by section 2(j) of the said act to mean any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, ..... or a vocation of workmen. under section 2(s), workman is defined to mean any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, but does not include any person subject to the air force, army and navy acts. 8. it is nobody's .....
Tag this Judgment!Court : Sikkim
Decided on : Jun-13-1986
Reported in : 1987CriLJ1234
..... rai, lakpa bhutia and samdup bhutia were charged under section 5(l)(d), prevention of the corruption act. the sessions judge after framing the charges, by his order dated 7-8-1984, transferred the case on 6-4-1985 to the judicial magistrate, east ..... chhatri dewan (who is absconding) were charge sheeted by the police for committing offence punishable under sections 120(b)/420/511/ 465/467/468/471/201/204,i.p.c. and under section 5(1) (d) and section 4(2), prevention of corruption act. the learned sessions judge, gangtok took cognizance of the offences and framed charges against all the ..... accused persons under various sections of i.p.c. and in addition four respondents namely gyalpo tsering tamang, arun .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-07-1986
Reported in : 1987CriLJ421
..... the facts and circumstances of the case, discussed above, we are of the view that the detaining authority was rightly satisfied in passing the order under section 3 of the act for the detention of the petitioner in the prison with a view to prevent him from indulging in smuggling in future.34. in conclusion, we find ..... detention arrived at by the authorities, the order of detention could not be held to be invalid for non-consideration of the retraction. the court reterred to section 5-a of the act and observed (in para 74) that: -.the same argument was presented in a little different shade namely the fact of retraction should have been considered' ..... 23. in raisuddin v. state of u.p. : 1983crilj1785 a grievance was made before the supreme court that a representation made by the detenu under section 8 of the national security act, 1980 had been disposed of with inordinate delay which rendered the order of detention bad. the representation was received in the office of the district magistrate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1986
Reported in : AIR1987SC212; [1987(54)FLR30]; 1987LabIC213; 1986(2)SCALE941; (1987)1SCC172; 1988(2)SLJ114(SC); 1987(1)LC167(SC)
..... disability. since there is this factual dispute between the parties, we will try to resolve it with reference to the facts of this case.8. the army act, the rules & regulations and instructions thereunder govern the service conditions of the commissioned officers including those on emergency commission, like the appellant before us. termination ..... conditions of the emergency commissioned officer. this contention was repelled by this court. we respectfully agree.termination of commission is provided in para 15 of the army instruction which reads as follows:15. termination of commission(a) the commission of an officer may be terminated at any time by the government of india-( ..... -5-1983, respectively, are letters from the government of india to the chief of the army staff in relation to the appellant. the subject mentioned in both these annexures is 'claim to disability pension in respect of capt. section 4s. dhaliwal.' annexure d-6 reads as follows:in supersession of this ministry's letter .....
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