Judgment Search Results Home > Cases Phrase: army act 1950 section 7 commanding officer of persons subject to military law under clause i of section 2 Page 1 of about 706 results (0.238 seconds)

Murari Lal Vs. K.C. Aneja

Court : Rajasthan

Reported in : 1982CriLJ2082; 1982()WLN254

..... been enacted for delivery to commanding officer all persons liable to be tried by courtmardal. under this section the central government is authorised to make rules consistent with this code and the army act, 1950, the navy act, 1957 and the air force act, 1950 and any other law, relating to armed forces of the union. the court-martial rules have been framed in exercise of the ..... the arguments raised by the learned counsel for the petitioner:section 475. delivery to commanding officers of persons liable to be tried by court martial- (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) and any other law relating to the armed forces .....

Sadashiv Gajanana Bhat Vs. Union of India Through the Secretary, Gover ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... to retired personnel subject to the army act, 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950), including their dependants, heirs and successors, in so far as it relates to their service matters. hence, prima facie, we have to see whether the applicant comes under the purview of the army act 1950. section 2 of the army act 1950, reads as follows:- (1) the ..... following persons shall be subject to this act wherever they may be, namely:- (a) officers, junior commissioned officers and warrant officers of the regular army; (b) persons enrolled under this act; (c) persons belonging to the indian reserve forces; (d) persons belonging to .....

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003CriLJ3999

..... on 17-11-2002 and approached the respondents 2 and 3 for permission to meet the detenu, but he was not allowed to see him. under section 101(1) of the army act, 1950 ('the act' for brevity) it is the duty of the officer taking a person into military custody to inform the detenu of the grounds of arrest in writing ..... does not arise.8. in order to set at rest the issue in controversy, we would like to refer to section 101(1) of the army act, 1950 which reads as follows :101. custody of offenders :-- 1) any person subject to this act who is . charged with an offence may be taken in to military custody;2) any such person may be ..... arrest.2) where any person arrested shows symptoms of sickness, medical assistance shall be provided for such person. 12. section 50 of the army act, 1950 reads as follows :50. irregularity in connection with arrest or confinement.-- any person subject to this act who commits any of the following offences, that is to say,-- a) unnecessarily detain a person in arrest or .....

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

..... and a fresh court martial was not available to be constituted as a reference thereto was barred by limitation. the court martial was, therefore, dissolved under section 117 of the army act, 1950, (referred to hereinafter as 'the act') and the respondent was handed over to the civil authorities for being tried by a regular criminal court. in these circumstances, this court dismissed the aforesaid ..... the relevant provisions of the act.9. the army act, (referred to as 'the act' as aforestated) was enacted in 1950 to consolidate and amend the law relating to the government of the regular army. under the act, there are certain offences which are peculiar to the army and which are triable by court martial alone. under clause (xvii) of section 3 (definition section) of the act, the word 'offence' is .....

Raghubar Dayal and anr. Vs. Secretary of State for India

Court : Allahabad

Reported in : AIR1924All415; 78Ind.Cas.642

..... such an interest in the property in dispute as would entitle him to maintain a suit for declaration under section 42 of the specific relief act.14. and, clearly, if the relations between the parties are governed by the army regulations the plaintiff had a cause of action for it is plain that the transfer to the second defendant ..... 179, dated the 12th september 1836 and these rules were re-published from time to time with amendments and variations till they assumed their present shape in army regulations, india, 1887, section 17 (see page 394 of the gazette of india, part v of the 5th november 1898.)39. the general order of 1836 imposed practically the same ..... the transfer in question were duly entered in the register of houses which fact in a way implies the sanction of the military authorities.57. under section 56 of the indian easements act a license as such cannot be transferred. it is clear, therefore, that the legal effect of the past sanctions was simply to continue the license .....

Pritam Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 1980CriLJ296

..... , ministry of defence gazette notification no. 17-e dated 5 sept. 1977 is reproduced below:sro 17-e. in exercise of the powers conferred by section 9 of the army act 1950 (46 of 1950) and in supersession of the notification of the government of india in the ministry of defence, sro 6-e dated the 28th november, 1962, the ..... central government hereby declares that all persons subject to that act who are not on active service under clause (1) of section 3 thereof 'shall, while serving in ..... murder of a person not subject to the army act it further is not controverted that under section 69 of the army act, any person subject to the army act, who commits any civil offence, shall be deemed to be guilty of an offence, against the army act and if charged therewith under section 69 of the -army act, shall be liable to be tried by a .....

Harikant Ramnarayan Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(5)MhLj419

..... for ready reference. section 475 of the code of criminal procedure reads as under:475. delivery to commanding officers of persons liable to be tried by court-martial - (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950) and any ..... officer specified in the said sub-section.9. so far as section 475 of the code of criminal procedure, 1973 is concerned, it deals with the delivery to commanding officers of persons liable to be tried by court martial. the act empowers the central government to make rules consistent with this code and army act, 1950 as well as any other law ..... of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a court-martial.rule 125 of the army act, 1950 reads as under:125. when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the .....

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 .....

Sachdev Sharma Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 1964CriLJ337

..... section 3 thereof, shall, wherever they may be serving, be deemed to be on active service within the ..... or of any to be on active service within the meaning of this act.in the instant case the central government issued the notification which reads as under:-in exercise of the powers conferred by section 9 of the army act., 1950 (46 of 1950), the central governed hereby declares that all persons subject to that act, who are not on active service under clause (1) of .....

Union of India Through Its Secretary, and ors. Vs. Rabinder Singh.

Court : Supreme Court of India

..... conducting of the court of inquiry on 13.10.1986 to collect evidence and to make a report under rule 177 of the army rules, 1954 framed under section 191 of the army act, 1950. on conclusion of the inquiry a disciplinary action was directed against the respondent. (ii) thereafter, the summary of evidence was recorded ..... rival counsel, we may note that the respondent was charged under section 52 (f) of the army act, 1950 and the section was specifically referred in the charges leveled against him. section 52 reads as follows:- 52. offences in respect of property - any person subject to this act who commits any of the following offences, that is to say ..... under rule 23 of the army rules, wherein the respondent duly participated. some 15 witnesses were examined in support of the prosecution, and the .....