Court : Andhra Pradesh
Decided on : Dec-19-1997
Reported in : 1998(1)ALD773
..... and (4) that he absented without leave from 8-2-1993 to 74-1993. the first three charges were framed under section 52(b) and the 4th charge was under section 39(a) of the army act, 1950.4. the general court-martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. during the proceedings 32 persons ..... levelled against the petitioner. no illegality appears to have been committed by the respondents and their appears to be a substantial compliance with the provisions of the army act, 1950 and the rules made thereunder in recording a finding of guilt by the concerned authority for the misconduct proved to have been committed by the petitioner. ..... court-martial, mitigate or remit the punishmentthereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. section 160 of the army act provides for revision of finding or sentence and lays down as under:'(1) any finding or sentence of a court martial which requires confirmation may .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-11-1997
Reported in : (1997)117PLR819
..... conducting the summary court-martial. we find no merit in the submission of learned counsel for the respondent regarding non-compliance of the provisions of section 130 of the army act.16. admittedly, the delinquent/writ-petitioner ajaib singh (who is respondent before us) has served and suffered the sentence of imprisonment awarded to him ..... without more, vitiates the proceedings. while controverting this averment of the writ petitioner, the appellant/union of india contended that if bare perusal of section 130 of the army act would go to show that it relates to all the trials by general, district or summary general court-martial and it omits the proceedings before ..... it was further contended by the appellants that as per provisions of pension regulation para 123(c)(t) the petitioner after his punishment under section 38(1) of the army act was required to serve minimum period of three years in an exemplary manner after completion of the punishment in order to become eligible for pensionary .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-31-1997
Reported in : (1997)1CALLT395(HC)
..... paramjit singh unit 511 asc bn attached to mrc wellington, do hereby consent to dispense with the attendance of witnesses at my summary trial by goc atnkk & area under army act section 84. place : wellington signature --date : 09 july 92 no & rank -- ic 37030p majorname -- kohli paramjit singh.unit + 511 asc bn att to mrcwellington. ..... by respondent no. 3 in choosing to deal with the petitioner summarily under section 84 of the army act by holding his summary trial for a charge under section 63 of the army act, even though under section 71 and other related provisions of the army act, the petitioner was entitled to be tried, if at all, by a general ..... in the matter by the authorities of dssc, wellington which ultimately culminated into the issuance of a charge-sheet against the petitioner under section 63 of the army act for committing an act prejudicial to good order and military discipline. it shall be advantageous to reproduce the charge-sheet in varbatim, which reads thus:-- charge .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-09-1997
Reported in : II(1998)DMC731
..... court' with reference to the said regulation is a court established under the ordinary law other than the courts established by the army act or in common parlance military court. therefore, pendency of the proceedings under section 125 is a proceeding, of which cognizance has been taken by a civil court of competent jurisdiction. as such by reason of ..... (b) as well as most offences under section 52 can also be tried by a court-martial or a civil ..... only being made and the offences other than those under the army act are to be treated as civil offences. regulation 419 provides that '(a) all civil offences except those specified in the army act section 70 can be tried either by court-martial or by a civil court, (b) offences under army act, sections 40(a), 47, 53(a) and (b) and 64 .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-1997
Reported in : 1998(1)AWC49; (1997)3UPLBEC1702
..... a complaint to the central government under section 27 of the army act, 1950, is not an empty formality. central government has to address itself to the grievances raised in the complaint and redress the same in accordance ..... to the central government in such manner as may, from time to time, be specified by the proper authority. it is implicit in section 27 of the army act. 1950 that the central government is under an obligation to address itself to the statutory complaint and dispose it of in accordance with taw for making ..... sought to be judicially reviewed herein, is the non-selection of the petitioner for grant of permanent commission and rejection of his statutory complaint under section 27 of the army act. 1950- the first contention advanced by the learned counsel appearing for the petitioner is that the petitioner was illegally and arbitrarily denied being granted permanent .....
Tag this Judgment!Court : Delhi
Decided on : Aug-07-1997
Reported in : 68(1997)DLT850; 1997(43)DRJ211
..... his reply dated 28th february, 1990. respondent no. 3 without application of mind terminated the service of the petitioner under section 20(1) of the army act read with army rule 17 for the alleged offence committed under section 57(e) of the army act. (2) aggrieved by this order, the present petition has been filed primarily on the ground that once the court ..... rule 14(2) but once the period of limitation of such a trial is over the authorities cannot take action under rule 14(2) or under sections 19 and 122 of the army act. the supreme court observed as under:- 'its not in dispute that at the time the impugned notice was sent, no trial of the appellant by ..... years, show cause notice was issued to the petitioner as to why his service should not be terminated under section 20(1) of the army act read with army rule 17 administratively as in the opinion of the chief of the army staff petitioner's trial by court martial for the said offence was impracticable having become time barred and that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-1997
Reported in : 1997(2)ALD(Cri)42; 1997(2)ALT311
..... ) was already administered to him and therefore no further enquiry could be conducted; the action tantamounted to double jeopardy, violative of article 20 of the constitution and section 121 of the army act, 1950, for short 'the act', and rule 53 of the rules; summary of evidence was recorded contrary to the rules and in violation of principles of natural justice. the g.c.m ..... for more than one reason. initially, the petitioner was charged under section 55(a). the charge- sheet dated 4-8-1988 issued under section 55(a) of the act reads:charge-sheet:the accused no. jc-95036 f sub(ta) kashmira singh, 2 training regiment, artillery centre, hyderabad is charged with:-army act wilfully destroyed propertysection 55(a) belonging to persons subjectto military lawin that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-1997
Reported in : (1997)116PLR580
..... longer res-integra and has been fairly and elaborately answered in the above pronouncements. therefore, we have no hesitation in holding that a person subject to the provisions of the army act, even if proceeds on casual leave, would be treated on duty and would be entitled to the benefits accruing therefrom in accordance with law.10. necessary corollary to our afore ..... disability, to our mind cannot be said to be a disability attributable to or aggravated by military service.15. aggravation of a disease in the provisions of section 29 of the compensation (commonwealth government employees) act, 1971 has been explained in the case of commonwealth v. johnston, (180) 31 alr 445 in the following manner:-'although it may be possible to attribute .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1997
Reported in : 1998(1)AWC53
..... his earlier statement. there is no dispute that the petitioner being an army personnel is subject to the army act, 1950. chapter x of the act deals with courts martial and chapter xi deals with procedure of courts martial. section 133 of the act provides that the indian evidence act shall, subject to the provisions of the act, apply to all proceedings before a court martial. there is no ..... provision in the army act which may make code of criminal procedure applicable to proceedings .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-1997
Reported in : (1997)3UPLBEC2015
..... by court martial had become barred by limitation. in paragraph 31 of the counter affidavit it is clearly admitted that a re-trial under the army act was barred by section 122 of the army act and it was inexpedient to hold such a trial. therefore there is no dispute about the fact that the court martial was found to inexpedient ..... purpose of pension. the order of enhanced punishment is annexure-viii.3. on 24th september. 1979 chief of the army staff passed an order annexure-iv annuling the g. c. m. proceedings under section 165 of the army act (hereinafter called the act) on the ground that the proceedings were 'unjust'. on 20th december, 1979 the petitioner received a show cause ..... notice under section 19 of the act read with rule 14 of the rules framed under the army act, calling upon him to show cause as to why his services be not terminated. the notice is annexure-v and was replied by .....
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