desertion" has been defined by the Army Act . However under Section 38 of the Army Act desertion and aiding desertion are made offences. Section ... desertion.
13. As we mentioned earlier neither the expression 'deserter' nor the expression 'desertion' is defined in the Army Act . However
Nather-lands Army camp. The appellant complied with the notice under protest and served with the Netherlanders Army in England for sometime and he went ... relevant; to note here that by Section 12 of the Army Act, "desertion" and by Section 15 "absence without leave
from Army under Section 20(3) of the Army Act. Sections 105 and 106 of the Army Act, 1950, deal with capture of deserters ... defined in the Army Act . Section 38(1) of the Army Act says that any person subject to this Act who desert the service shall
appointment elsewhere without regular separation from the army.
7. Section 38 of the Army Act makes desertion an offence and provides for its punishment. Section ... desertion, vide Section 38 of the Army Act,
(ii) fraudulent enrolment, vide Section 43(a) of the Army Act, shall forfeit the whole
Army as a Sepoey was found missing from 5.10.1995 onwards. The Army declared him a deserter under Section 106 of the Army Act and after ... Army Act and Section 108 of the Evidence Act. While the Army is entitled to declare a person who absents from service a deserter, Section
Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :
"105. Capture of deserters--(1) Whenever any person ... Army Act was followed and a Court of inquiry was held under Section 106 of the Army Act. Part of the order was passed
case is not covered by Section 38
(i) of the Army Act relating to deserter, rather his case
comes under Section ... straightway desertion."
"13. As we mentioned earlier
neither the expression „deserter‟ nor the
expression „desertion‟ is defined in the
Army Act . However
Section 38 in The Army Act, 1950
38. Desertion and aiding desertion.
(1) Any person subject to this Act who deserts or attempts to desert
Section 105 in The Army Act, 1950
105. Capture of deserters.
(1) Whenever any person subject to this Act deserts, the commanding officer
desertion, vide Section 38 of the Army Act.
(ii) fraudulent enrolment, vide Section 43(a) of the Army Act shall forfeit the whole ... Army Act. Under the provision or" Section 3 ! of the Army Act , a conviction upon a deserter must be passed by a Court Martial
