Army Act, 1950 (hereinafter to be referred as the Central Act) making the convicted person subject to the Central Act during the term of sentence ... They lie only to the army authorities in view of the provisions of Section 123 of the Army Act, 1950 read with Section
that in view of the provisions of Section 70 of the Army Act, petitioner could not be tried by a Military Court ... Sections 69 , 3(ii) , 70 , 125 and 126 of the Army Act which are relevant for the purpose of deciding this petition read as under
subject to the Army Act, 1950 (46 of 1950), the Navy
Act, 1957 (62 of 1957) and the Air Force Act ... Central Government and Officers of Army to award punishment
including dismissal from service. Sections 79-84 of Army Act provide
for punishment otherwise than
making allegations of an offence under
Section 57 (e) of the Army Act. This charge sheet was framed by
Commanding Officer 103 A.D. Regiment ... charged and punished for an
offence under Section 57 of the Army Act, which was time barred.
The petitioner would also allege that during
Army Act and against Officers and Subordinate Officers
under the BSF Act . Under the provisions of Section 53 of the
BSF Act, the Officers ... subject to the BSF Act to be an
offence under the Act, for which a person subject to the Act
CRIMINAL WRIT PETITION NO.1472
raised was that Rule 14 of the Indian Army Rules was ultra vires the Army Act and, therefore, the notice issued under that Rule ... Army Act, 1950, are as under:--
"18 Tenure of service under the Act --Every person subject to this Act shall hold office during
severe displeasure as it is not a punishment under the Army Act . This punishment is prescribed only under the Administrative Instructions which cannot be taken ... Indian Army. That being the position the award of censure is the binding rule of the army service. Section 3(v) of the Act
normal Regimental Duty and such Army personnel continue
to be subject to the provisions of the Army Act 1950 and the Army Rules
1954 whilst ... function in operational areas under the Army,
they too are brought under the provisions of the Army Act 1950 for the
purpose of discipline
Act.
20. It may be relevant to mention here that Armed Forces
Tribunal Act, 2007 is a subsequen
subsequentt legislation to the Act of
Army ... there was no judicial forum constituted under the Army Act,
Navy Act or Air force Act or by any other enactment, therefore,
that appellate power
Army Act, 1950 :
"The scheme of the Act therefore Is self-evident. It applies to offences committed by army personnel described in Section ... Act, it, being a civil offence, shall be deemed to be an offence against the Act by the force of Section 69 of the Act
