Court : Supreme Court of India
Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)
..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.7. section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... martial has recorded a finding that it cannot try him on account of the expiry of three years from the date of the commission of the offence.11. section 125 of the army act provides that when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding ..... the respondent cannot be tried on account of the expiry of three years from the date of the commission of the offence, he cannot be go scot free. section 127 of the army act provides that when a person is convicted or acquitted by a court-martial, he may, with the previous sanction of the central government, be tried again by .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ44
..... statements in them completely. the question is whether the facts mentioned in them are sufficient to lead one to the conclusion that the provisions of section 69 of the indian army act, have been complied with. mr. subbiah, the special police inspector, states that after he completed the investigation conducted under the ordinary provisions of ..... of language be termed either the competent military authority or the commanding officer of the accused person. even if the prescribed military authority under section 69 of the army act had come to the decision that the proceeding should be instituted in an ordinary criminal court, still, in my judgment, according to the true ..... the commanding officer of the accused person. the learned advocate-general contended that when once the prescribed military authority has come to this decision under section 69 of the army act, the observance of the rule by the magistrate, viz., the issuing of a notice, is not necessary, and the insistence upon the following .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR981
..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALT416
..... arresting the detenu, proceedings under section 106 of the army act have been initiated and it would not be open to the courts to interfere in such a procedure contemplated by the respondents. learned counsel, in this connection, has also drawn our attention to few relevant provisions of the army act, 1950. learned counsel submitted that the ..... ) by the learned senior standing counsel for central government appearing on behalf of the respondents supporting his contention that when once the proceedings under section 106 of the army act have been initiated by the respondents after arresting a person, it would not be open to the courts under article 226 of the constitution of ..... also indicated that after the detenu is arrested on the ground that he absented himself from duties and was declared deserter, an enquiry under section 106 of the army act has been initiated against the detenu. the respondents have denied the allegation that the detenu is being harassed.12. the party-in-person filed .....
Tag this Judgment!Court : Kolkata
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 : Jammu and Kashmir
Reported in : 2004(2)JKJ484
..... vide ai 317/52. you were failed to report for reservist training during 1961 when called for. as such you were declared deserter and dismissed from service under army act sec 30(3) wef 11 nov 64 i.e. after 3 years from the date of desertion.3. in view of the above, you are not entitled for ..... being heard and made the charges against him and whether any specific order was passed with regard to forfeiture of the pensionary benefits, as required under section 71 of the army act? the reply further does not disclose as to whether summary court martial, after considering the facts, found the petitioner guilty and awarded the punishment of ..... years reserve service by the petitioner, entitles the petitioner for the grant of pension. the order declaring the petitioner deserter and dismissing him from service under section 20(3) of the army act, has been made without giving him any hearing and is, therefore, unsustainable in law being violative of principles of natural justice, when the petitioner .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3327; [2001(91)FLR240]; JT2001(7)SC50; 2001LabIC2898; 2001(5)SCALE418; (2001)7SCC113; 2001(3)SCT1145(SC)
..... come up in appeal by special leave. we have heard the learned counsel for the parties at length. the position of law insofar as the interpretation of section 122 of the army act, 1950 is concerned stands resolved and settled by a three-judge bench decision of this court in union of india and ors. v. harjeet singh sandhu : [2001 ..... the high court even if the delay was attributable to the interim orders of the high court that did not make any difference to the applicability of section 122 of the army act.7. the appellants filed letters patent appeal. by an interim order dated 3.3.1994 the division bench gave liberty to the appellants to proceed ..... of brigadier along with the consequential benefits attaching with such promotion. the court martial proceedings were directed to be quashed as being barred by time under section 122 of the army act overruling the plea of the appellants that the delay in court martial proceedings was attributable to the interim orders passed by the high court. in the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad176
..... the president on 18-2-1967 and was a temporary commissioned officer, the army act, 1950, is applicable to the persons mentioned in section 2 of the act. section 2(1)(a) states that officers, junior commissioned officers and warrant officers of the regular army are persons subject to the act. an 'officer' is defined under section 3(xviii) as meaning 'a person commissioned, gazetted or in pay as ..... on 27-2-1967. the termination of the commission is stated to be under paragraph 12 of the army instructions 231. the petitioner filed a review petition to the director general, armed forces medical service on 7-3-1967 under section 27 of the army act, 1950, and as the petitioner did not receive any immediate redress on his application for review, he submitted a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60
..... be fortiori be valid. now sro 329 is issued by the central government under sub-sections (1) and (4) of section 4 of the army act 1950 which provide inter alia as under:section 4(1) the central government ..... of section 21, sub-section (4) of section 102 and section 191 of the army act 1950 made applicable to the members of, gref, sro 330 applying certain provisions of the army rules, 1954 to the members of gref in exercise of the powers conferred under section 21, sub-section (4) of section 102 and section 191 of the army act 1950 would ..... restricted the fundamental rights of the members of gref. the respondents submitted that in the circumstances the petitioners were rightly charged under section 63 of the army act 1950 and their convictions by the court-martial and subsequent dismissals were valid. the respondents thus sought to sustain the validity of the action .....
Tag this Judgment!Court : Delhi
Reported in : 2000VAD(Delhi)749
..... for three months. however, all the substantive sentences of imprisonment shall run concurrently.' 2. dismissal from service sanctioned in accordance with army rule 17 of army rules 1954 read with army act section 20(3) of army act, 1950 by commander 170 infantry brigade.' 3. there was an appeal to the high court challenging the judgment of the trial court, ..... ved prakash sangwan of 13 raj rif is dismissed from the service by the orders of the commander 170 infantry brigade, c/o, 56 apo under army act section 20(3) of army act, 1950. his dismissal takes effect from 16th july, 1991. cause of dismissal: dismissed from service having been convicted by court of addl. sessions judge bhiwani ..... brigade passed the following order of dismissal on the 30th of july, 1991:- cause of dismissal and item of table in rule 17 of army rules 1954 read with army act section 20(3) of army act, 1950. 1. 'dismissed from service w.e.f. 16 july, 1991 being convicted by hon'ble court of addl sessions judge, bhiwani( .....
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