Court : Allahabad
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 : Allahabad
Reported in : (1997)1UPLBEC236
..... no. 1 on a representation being made by the appellant under section 164 of the army act, 1950 (hereinafter referred to as the act).2. the facts of the case are that the appellant was charged of murder of sipoy driver parvin kumar under section 69 of the army act read with 302 of indian penal code by a general court martial ..... he was trans ferred from civil jail jammu to naini central jail, allahabad. he made representation through his counsel from allahabad under section 164(2) of the army act. the chief of the army staff, respondent no 2 rejected the representation vide order dated 10th june, 1994 and the decision was communicated to the counsel for ..... confirming authority the appellant was already in jail. it is only after the confirmation of the sentence the appellant had preferred an appeal/representation under section 164(2) of the army act. the appellant was sentenced for life imprisonment and was dismissed from service. the confirmation of the sentence was also made at jammu. the mere .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All129
..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)1UPLBEC266
..... reasons for my conclusion, some of the relevant provisions of the army act and rules may be reproduced below:--the army, 1950--'section 120. powers of summary courts martial.--(1) subject to the provisions of sub-section (2), a summary court martial may try any offence punishable under this act.(2) where there is no grave reason for immediate action and ..... for but supplied to the petitioner for the first time alongwith the order dated 10.4.1993, that is after the decision on the petition under section 165 of the army act. thus, it is established from the record that the copy of the proceedings were not supplied to the petitioner within a reasonable time as required ..... the commandant had been taken before the commencement of the summary court martial on 10.3.1992 and thus, the proceedings were in accordance with section 120(2) of the army act read with para 459 of the regulations; and that adequate opportunity was afforded to the petitioner and he was given opportunity to cross-examine the .....
Tag this Judgment!Court : Allahabad
Reported in : 9Ind.Cas.1023
..... deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the ..... a decree for the realization of such future and unascertained sums against any of the defendants.12. there remains the second objection. the army act 1881 (statute 44 and 45 vict. ch. 58 in section 135 enacted that the pay of an officer of her majesty's regular forces shall be paid without any deduction other than the ..... 14. instalments so directed would be authorized deductions in the sense of the words used in section 136 and to order such instalments would be within the jurisdiction of the subordinate judge. but in 1895, the army (annual) act 1895 repealed section 151 of the army act (44 and 45 vict. c. 58) and to direct in india any deduction from .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC892
..... is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/ discharge of undesirable jcos/wos/or4. ar 13 and 17 provide that a jco/wo/or whose dismissal or discharge ..... :---------------------------------------------------------------date of award under section punishment awarded---------------------------------------------------------------9.7.1986 section 39(b) of the army act 28 days ri and 14 days detention in military custody.28.1.1992 section 39(b) of the army act 7 days ri22.6.1992 section 29(b) of the army act 28 days ri1.8.1995 under section 39(b) of 28 ..... days ri and 14 days the army act detention in military custody.---------------------------------------------------------------4. it has also been stated .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1969; (2002)3UPLBEC2098
..... centre. hyderabad. when the petitioner re-joined on 12th november, 2001, after being absent for 53 days; 10 days rigorous imprisonment under section 39(a) of the army act, 1950 (hereinafter referred to as army act) was awarded to the petitioner. the petitioner was discharged from service with effect from 22nd march, 2001 under rule 13 (3) item ..... consideration in the present writ petition : (a) whether when a person has already been punished and awarded a sentence for an act which is an offence under section 39 of the army act, on same act can he be also discharged? (b) whether the principle of double jeopardy as enshrined under article 20(2) of the ..... the counsel for the petitioner made following submissions in support of the writ petition : (i) the petitioner was awarded 10 days rigorous imprisonment under section 39(a) of army act for his offence of being absent without leave. the subsequent discharge of the petitioner on same ground is impermissible and amounts to violation of protection .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC255
..... the petitioner and copy of that letter was also sent to the wife of the petitioner under section 105 of the army act, 1950. section 105 of the army act is quoted below :'105. capture of deserters--(1) whenever any person subject to this act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall ..... without leave for more than 30 days. thereafter, the petitioner was declared as a deserter vide order dated 20.6.1996. section 106 of the army act, 1950 deals with capture of deserters and inquiry into absence without leave. section 106 is quoted as below :'106. inquiry into absence without leave--(1) whenever any person subject to this ..... act has been absent from his duty without due authority for a period of thirty days a court of inquiry shall, as .....
Tag this Judgment!Court : Allahabad
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
Reported in : 1998(4)AWC392
..... and in deciding that the disciplinary proceedings should be proceeded with.3. in elaborating his said contentions, mr. mukherjee led me through various sections, rules and regulations of the army act, army rules and army regulations which shall be dealt with at appropriate stage. he also relied on a few decisions cited at the bar which shall be dealt ..... from the facts and circumstances of this case, relying on the said case. mr. mukherjee sought to argue that the note appended to the sections of the army act are part of the act. but the said contention is misplaced as has been held in the case of havildar clerk dharam singh v. union of india, 1996 (1 ..... the proceeding is vitiated by reason of non-compliance of rule 22.5. shri shishir kumar has taken me through various records as well as sections, rules and regulations of the army act, rules and regulations respectively. similarly mr. mukherjee has taken me through various records and materials placed before this court. shri shishir kumar had .....
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