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Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

..... to the rival contentions as advanced before this court, it would be worthwhile to refer to the relevant provisions of the army act and the rules framed thereunder. chapter vi of the army act, 1950 stands ascribed to the offences and section 69 therein deals with the civil offences, which reads as below :-69. civil offences - 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 ..... and 900 grams of opium at patiala on 28th december, 1991. the charge-sheet, however, is stated to be, as noticed above, issued under section 69 of the army act by one shri s.d. singh, colonel/commanding officer 64th cavalry and it is this charge-sheet which has ben directed by the general officer commanding, .....

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... question it would be appropriate to look into the relevant statutory provisions. the army act, 1950 is enacted to consolidate and amend the law relating to the governance of regular army. section 2 of the act enumerates the different categories of army persons who are subject to the act. section 3(iii) defines 'civil offence' to mean an offence which is ..... article by the petitioner and in the absence of such proof, the gcm committed grave error in holding the petitioner guilty of the charge under section 69 of the army act and sentencing the petitioner thereunder. in support of his contentions, the learned senior counsel for the petitioner, also referred to a decision of the ..... 1.4.1997. the petitioner was not found guilty of the second charge and was acquitted thereof. the gcm, however, found the petitioner guilty under section 69 of the army act. on the 2nd day april, 1997, the gcm announced the sentence by awarding 4 (four) years' rigorous imprisonment as well as dismissal from service. .....

Ramesh Chandra Mohanty Vs. State

Court : Orissa

Reported in : 2000(II)OLR603

..... . a short point of law has been raised before this court. attention of the court has been drawn to section 69 of the army act, 1950. it is provided 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 to be guilty of an ..... detained in military custody.3. in view of the section 475 of the code of criminal procedure there is scope for delivery to commanding officers of persons liable to be tried by court-martial. it envisages that the central government may make rules consistent with this code and the army act, 1950 and any other law, relating to the armed forces ..... offence against this act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, .....

N.F. Chand Vs. State of Uttar Pradesh and anr.

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 .....

Piar Singh Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ860

..... act defines the term 'civil offence' to mean 'an offence which is triable by a criminal court'. section 69, in so far it is relevant, provides that 'any person subject to this ..... misconduct, contrary to sub-section (2) of section 5 of the prevention of corruption act, 1947'. the charge, therefore, was that the petitioner had committed a 'civil offence' and the particulars of such civil offence were specified in the words next following. in the margin of the charge-sheet, section 69 of the army act, 1950 (hereinafter called 'the act') was specifically mentioned.3. section 3(ii) of the .....

Khazansingh and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1967Raj221

..... before me.11. it is not disputed that the four applicants before me are governed by the provisions of the army act, 1950. section 69 of the army act provides 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 to be guilty of an ..... persons governed by the army act alone are being prosecuted. in the first category of cases the provision of section 549 read with rule 3 need not be followed if the trial has commenced and ..... been furnished, in my opinion, on the very language of section 251-a the trial did not commence.the language of section 5 (1) of the criminal law amending act, 1966 clearly makes a distinction between the two categories of cases (i) cases in which persons governed by the army act are accused along with others; and (ii) cases where .....

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... . the moment offence under the narcotic drugs and psychotropic substances act, 1985 is committed by member of armed force and he is tried under section 69 of army act, 1950, the relevant provisions of the narcotic drugs and psychotropic substances act, 1985 relating to offence for which the army personnel is tried would be incorporated in the army act, 1950. section 69 is a legislative device by which all civil offences ..... part of india. therefore any offences triable by any court of ordinary criminal justice will be a civil offence for the purpose of the army act, 1950. by virtue of section 69 any person, subject to army act, 1950, that is to whom the act applies commits any civil offence at any place in or beyond india, shall be deemed to be guilty of an offence against the .....

Union of India Vs. Diwan Singh

Court : Delhi

Reported in : 1996VAD(Delhi)566; 1996(39)DRJ820

..... could not have been threatened. the threat of sending them for 12 years imprisonment cannot be appreciated nor tenable because such threat was contrary to section 64(f) and 69 of the army act,1950. under those provisions for such an offence punishment could not have been more than seven years. hence, there was no question of threat ..... . in the absence of there being any rebuttal there was no question of drawing presumption against the present respondents or drawing any presumption under section 140 and 142 of the army act. the appellant did not adduce any evidence nor the evidence of the commanding officer before whom it is alleged that the respondent filed the ..... obtaining the signatures on blank papers that was also not accepted by the trial court. the trial court drew presumption against the. respondents herein under section 140 and 142 of the army act and held that the form of discharge was signed by the respondents voluntar ily. this finding was reversed in first appeal. (4) in the .....

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

..... learned counsel appearing for the petitioner raised the main contention that the summary court martial was not competent authority under the provisions of section 120(2) of the army act, 1950. therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. in support of this submission ..... , shri dhorde, counsel for the petitioner, invited our attention to section 119 of the act which deals with the powers of district court martial and according to him the only authority empowered to impose sentence is one under section ..... be dispensed with keeping in view the urgency in regard to the discipline. non-existence of circumstances to invoke provisions of section 120 sub-section (2) of the act, in our opinion, would result in the exercise of power of a summary court martial as illegal. the impugned order, .....

Mahabir Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 1977CriLJ1534

..... shall be deemed to have been done or taken ... ... ... ... the army act, 1950, as amended by this act, as if this act had come into force on ..... also not been framed. the amendment act was preceded by the air force and army laws (amendment) ordinance and the said ordinance came into force on 25-1-1975. section 4(1) of the amendment act repealed the ordinance but section 4(2) provided thatnotwithstanding such repeal, anything done or any action taken under the air force act, 1950 or the army act, 1950 as amended by the said ordinance .....