detail.
Section 2 describes the different categories of army
personnel who are subject to the Army Act . Section 3(ii)
defines "civil offence ... general Act and a special Act,
without any specific exclusion of the jurisdiction in the
general Act of that conferred under the special Act
Chief of the Army
Staff confirming the proceedings of the Court-Martial under
s. 164 of the Army Act and of the Central Government
dismissing ... Army Act ', describes the different
categories of army personnel who are subject to the Army
Act . Section 3 (ii) defines a "civil offence
CITATOR INFO :
RF 1991 SC 564 (5)
RF 1991 SC1070 (6)
ACT:
Army Act, 1950 , Sections 158 and 160-Upward revision of
sentence Whether violative ... make a petition to the Chief of the
Army Staff under section 164 of the Army Act which he did
not do. [1O33 H]
JUDGMENT
Act, 1990
(hereinafter called ‘Act 1990’), which offer protection to persons
acting under the said Act.
G. The CJM, Srinagar, granted opportunity to Army ... incident was
investigated by the Army under the Army Court of enquiry as provided
under the Army Act . Two Magisterial enquiries were held
said Act and the West Bengal Act. Moreover, the
West Bengal Act does not contain any provision pertaining to
personnel governed by the Army Act ... phrase.
As regards the trial of offences committed by Army
men, the Army Act draws a threefold scheme.
Certain offences enumerated in the Army Act
procedure laid down in Army Rule 22 of Army Rules,
1954 and that under s. 125 of the Army Act 1950 read with
Army Rule ... pleader. Where, however, the proceeding is
taken by an Army authority under the Army Act reference must
be made to the provisions of Rule
Criminal Procedure 1898, s. 549(1) and rules made
thereunder-- Army Act 1950, ss. 122 and 125-Army officer
charged with offences under ... phrase.
As regards the trial of offences committed by, army men, the
Army Act draws a threefold scheme. Certain offences enume-
rated in the Army
Enemy’ within the aforesaid definition [ Section 3(x) of
the Army Act, 1950] and it is the bounden duty of all Army Personnel to act ... enemy or show cowardice, it is a Court-martial offence under Army Act
Section 34 , punishable with death.”[7] Reference is made to Ex-Havildar
ACT:
Army Act, 1878 (1 of 1878)-Sections 125 and 126-Code of
Criminal Procedure, 1898 (5 of 1898) Section 549-Criminal
Courts and Court ... Army authorities. The Army authorities did not want
delivery of the appellants to them for any Court-Martial
proceedings. On the contrary, the Army authorities
rules consistent with the CrPC and the Army Act, Navy Act 1957 and the Air Force
Act 1950 and any other law relating ... held:
“9. As regards the trial of offences committed by army men,
the Army Act draws a threefold scheme. Certain offences
enumerated in the Army
