however, their Lordships while construing Sections 125 and 126 of the Army Act held that the General Court-Martial could exercise jurisdiction in the matter ... interfere with the decision of a Court constituted under the Army Act, 1950 , subject to the limitations pertaining to interference with decisions of Special Tribunals
charges levelled against him was convened under Section 109 of the Army Act. The High Court, therefore, does not have power of superintendence over ... Rules known as Army Rules made by the Central Government in exercise of powers conferred by Section 191 of the Army Act, 1950. Relevant rules
Court Martial, Rule 40 of the Army Rules 1954 also lends assistance to Section 113 of the Army Act. Rule 40 provides as follows ... Rules 40(2) of the Army Rules. Mr. Das contended that the rank is not defined in the Army Act . Therefore, Section
That is the normal procedure adopted in the Army under the provisions of the Army Act , Rules and Regulations made therein. He has also stated ... undisputed facts that the Tribunal has acted without jurisdiction or has acted in excess of jurisdiction or has acted contrary to the fundamental principles
offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first ... person subject to Army Act is tried by court-martial for an act which is an offence under the Act. Court - martial discharges judicial function
mentioned in the Army Act, 1950 (46 of
1950), the Navy Act, 1957 (62 of 1957) and the Air Force
Act ... subject to the Army Act, 1950 (46 of 1950), the Navy
Act, 1957 (62 of 1957) and the Air Force Act
however, their Lordships while construing Sections 125 and 126 of the Army Act held that the General Court-Martial could exercise jurisdiction in the matter ... interfere with the decision of a Court constituted under the Army Act, 1950 , subject to the limitations pertaining to interference with decisions of Special Tribunals
further submission of the petitioner is that the provisions of Army Act and Rules has not been followed, therefore, the total trial is vitiated ... person subject to Army Act is tried by court-martial for an act which is an offence under the Act. Court-martial discharges judicial function
passed by any Army Tribunal is permissible. It would be worth noting that in the entire procedure for trial under Army Act there ... Army personnel like that of the petitioner is left with the only remedy available Under Section 153 or 164 of the Army Act . The petitioner
convicted for two separate offences under S. 64(e) of the Army Act and sentenced to (1) dismissal from service and (2) to suffer rigorous ... procuring his enrolment in the Army.
Second Charge Obtaining for himself a gratification as a motive for Army Act procuring the enrolment of a person
