Judgment Search Results Home > Cases Phrase: army act 1950 section 72 alternative punishments awardable by court martial Page 1 of about 499 results (0.353 seconds)

Union of India and ors. Vs. R.K. Sharma

Court : Supreme Court of India

Reported in : AIR2001SC3053; [2001(91)FLR1006]; JT2001(9)SC76; 2001LabIC4007; 2001(7)SCALE70; (2001)9SCC592; 2001(4)SCT828(SC); 2002(1)SLJ323(SC); (2002)1UPLBEC111

..... should not interfere.18. we find that the lower court erred in coming to the conclusion that the punishment of dismissal was violative of provisions of section 72 of the army act, 1950. section 72 merely provides that the court martial may, on convicting a person, award either the punishment which is provided for the offence or any of the ..... court martial has chosen to give a lower punishment of dismissal from service. the court below should not have interfered on the erroneous assumption that provisions of section 72 of the army act, 1950 had been violated.19. even otherwise, in our view, both the courts below have erred in coming to the conclusion that the sentence awarded was too ..... e). thus it is to be seen that dismissal from service is a lesser punishment that imprisonment for either 7 years or 14 years as contemplated under sections 57 and 63 of the army act, 1950.14. the law on the subject is aptly set out in the case of union of india v. major a. hussain reported in : (1996)illj781sc .....

Ranjit Singh Chaurasia Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1976All405

..... and dismissed the writ petition. against the judgment of the learned single judge, this appeal has been filed.2. sections 34 to 68 of the army act, 1950, set out the offences punishable under this act and the punishments that may be inflicted on conviction for these offences. the appellant was tried for an offence under ..... section 40(c) for using insubordinate language to his superior officer. the maximum punishment provided for this offence under section 40 is five years. section 71 of the act ..... the court-martial sentenced him to three months' imprisonment as well as dismissal from service the appellant availed of the remedies available to him under the army act, 1950, but failed to get any redress. he thereupon filed a writ petition in this court. the only point he urged before the learned single judge .....

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

..... . 590 of 1991 wherein the learned single judge has declined to interfere with the order dated july 20, 1990 whereby the confirming authority under section 164 of the army act, 1950 (for short the act) had passed an order of confirmation as regards the sentence of cashiering but reduced the rigorous imprisonment from five years to six months as imposed ..... bangalore to udhampur well knowing that his such luggage and car had not been so transported.second charge such an offence as is mentioned army act in clause (d) of section 52 of the section 52(d) army act with intent to defraud,in that he, at field, on 18th jan. 89, with intent to defraud submitted leave travel concession ( ..... of major a general court martial proceeding was convened against him on the following charges: -first charge such an offence as is mentioned army act in clause (f) of section 52 of the section 52(f) army act with intent to defraud,in that he, at field, on 30th jan. 89, with intent to defraud submitted a claim of rs. .....

A.K. Harida Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1988CriLJ597

..... e. goc central command, lucknow, directed the gcm to reconsider the question regarding sentence which was too linient, by exercising revisional powers under section 160 of the army act, 1950, (hereinafter referred to as the act). the petitioner was then given a notice by gcm on 18-9-1986 directing to appear on 25-9-1986 for reconsideration of the sentences ..... be, we find no merit in the contentions sought to be raised by way of amendments, thereby challenging some more provisions of the army act and the army rules. validity of sections 158 and 160 of the act has been upheld by the supreme court in harish uppal v. union of india 1973 cri lj 274 (supra). there is no ..... as to ensure the proper discharge of their duties and the maintenance of discipline among them. therefore, the parliament h as enacted army act of 1950. validity of a law made under this article such as army act cannot be challenged on the ground of contravention of any of the fundamental rights i.e. article 14 or 16 or 19. .....

Madan Lal Vs. Union of India and anr.

Court : Delhi

Reported in : 1998VIIAD(Delhi)65; 4(1998)CLT368; 75(1998)DLT750

..... the had been framed to meet the situation coming within the purview of sections 71, 72 and 73 of the army act, 1950. section 71 of the army act, 1950 deals with the punishment awardable by court-martial. the provision reads as under: section 71. punishment awardable by courts martial - punishment may be inflicted in respect ..... of offences committed by person subject to this act and convicted by court-martial, according to the scale following ..... date. 4. mr. aruneshwar gupta, the learned senior counsel for the petitioner submitted that having regard to the language of sections 71, 72 and 73 of the army act, 1950, the regulation which is non-statutory in nature cannot prevail over the statutory provisions. the learned counsel further submitted that the .....

Union of India and ors. Vs. Prem Masih.

Court : Jammu and Kashmir

..... rabstan ld counsel, appearing for the appellants submitted that the punishment of reduction in rank and dismissal from service being permissible in terms of section 73 of the army act of 1950, (for short act of 1950), the ld writ court was, thus, wrong in holding that two punishments could not be awarded to the respondent- writ petitioner. ld ..... counsel invited attention of the court to section 73 of the act of 1950 and stated that this provision authorizes for awarding of more than one ..... punishment can be inflicted. admittedly the respondent has not been sentenced to suffer imprisonment.10. a conjoint reading of the charging part of section 39 with section 73 of the act of 1950 would show that sentence of court martial may award in addition to, or without any one other punishment, the punishment specified in clause .....

Uma Shanker Pathak Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : (1990)IILLJ109All

..... barrel gun, both of non-service pattern, said to be war trophies captured in 1971 war and entrusted to the petitioner's unit, punishable under section 52(a) of the army act, 1950. the charge-sheet dated september 18,1982 was issued by the commanding officer of the petitioner's regiment asking the petitioner to appear at the ..... cases triable by summary courts martial. the present being undisputedly a case of summary court martial as distinct from summary general court martial the provisions of section 130 of the army act cannot be pressed in aid by the petitioner.8. the second submission deserves a serious consideration. the argument was that there has been a patent ..... but he was also reduced to the rank which was grossly out of proportion to the alleged offence. there is no merit in this contention. section 77 of the army act provides:-'77. result of certain punishments in the case of a warrant officer or non-commissioned officer- a warrant officer or a non-commissioned officer sentenced .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....