Force Authorities to exercise their option
to try the appellant by court-martial, the right of the
appellant to be tried by court-martial ... Code of Criminal
Procedure and Criminal Courts and Court Martial (Adjustment
of Jurisdiction) Rules, 1952 (hereinafter the '1952 Rules').
11. Section
subject
to the Army Act could only be tried by a Court Martial and
the Special judge had no jurisdiction to try him, (ii) that ... charged were
triable both by the Special judge and by a Court Martial.
In such cases s. 125 of the Army Act provides that
Commander immediately appointing
Court of Inquiry to investigate-After trial by Court Martial
accused convicted of offences under ... Whether Court Martial or ordinary criminal court had
jurisdiction to try the case.-When Rules 3 and 5 of Rules
framed under
when Confirming Officer decides to send back the
matter to the Court Martial for considering upward revision
of the sentence.
Army Act , Sections ... Staff.
HEADNOTE:
The petitioner was found guilty by the Court Martial (acting
under the Army Act ) under section 392 IPC of committing
robberies
military authority would prefer
to try the case by way of court-martial by taking over the case under
the provisions of Section ... accused either by a criminal court or proceedings for court-martial.
Section 126 provides for the power of the criminal court to require
delivery
violative of Art. 14 of the
Constitution.
HEADNOTE:
The General Court Martial sentenced the petitioner, a sepoy,
to death under s. 69 of the Army ... habeas corpus and certiorari for setting
aside the orders of the Court Martial and the Central
Government and for his release.
Held.: (i) The petitioner
Judge allowed
writ petition filed by the respondent and quashed the court
martial proceedings held against him including the
confirmation of sentence passed upon ... court
martial.
A General Court Marital (GCM) under the Army Act, 1950
(for short 'the Act') was convened to try the respondent
holding
case
for trying the accused--It must proceed to hold the Court
Martial or take such other 'effectual proceedings' as is
contemplated ... Criminal Courts and Court
Martial (Adjustment of Jurisdiction) Rules, 1978.
HEADNOTE:
An officer in the Army filed a complaint before a Magis-
trate alleging that
SCALE (1)931
ACT:
Criminal Courts and Court Martial (Adjustment of
Jurisdiction) Rules, 1952, Rules 3 and 4-Offences falling
within purview of section ... Army Act of 1950. The ordinary criminal court and the Court
Martial both had concurrent jurisdiction to try the said
offences. They were tried
than three years between commission of
offences and framing of charges--Court martial whether has
jurisdiction to try offences-Word 'jurisdiction ... commission of the offences and the framing of the charges
the court-martial had in view of s. 122(1) of the Army Act
ceased
