Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by mother - Girl child is around 11-1/2 years old while boy is aged about 8 years - They both are school going and confident and groomed well - Children do not prefer one of parent over other - Father of children is in Army and he took away..........
Army Act, 1950, Section 69 -- Court martial - Murder - Accused shot deceased while he was sleeping - After incident, accused immediately came out of tent, surrendered himself and gave an explanation that he had fired rifle under a delusion that there was a terrorist attack - Conduct and behavior of accused in jail is excellent - Accused actually served sentence of 16 years..........
Armed service -- Dismissal - Double jeopardy - Earlier appellant was treated by Summary Court Martial, he was tried for offences u/s 63 of Army Act only and thereafter he was inflicted with penalty of reduction in rank - However, said order was not confirmed by Chief of Army staff in exercise of power u/s 164 of Army Act - Said order therefore not attained finality - In..........
Armed Service -- Claim for payment of grade pay at par with civilian counterparts in Indian Defence Service of Engineers (IDSE) - Respondent posted as Chief Engineer in Military Engineering Service (MSE) on tenure basis - R.12 of IDSE Rules, establishes that Rules not apply to Army Officers appointed on a tenure basis as they are governed by Army Act and Rules framed..........
Armed Forces Tribunal Act, 2007, Section 16, Army Rules, 1954, Rule 180 -- Re-trial - Non-compliance of R.180 of Army Rules - Cannot be a ground for ordering re-trial, as Tribunal does not have jurisdiction to direct re-trial in any other ground except mentioned in S.16(2) of the Act...........
Army Rules, 1954, Rule 180 -- Non-compliance of R.180 of Army Rules - De-novo inquiry - Neither ground of no, compliance of R.180 of Army Rules raised at stage of framing of charge, recording summary of evidence, nor during Court martial proceedings - After a final order was passed by Court martial on basis of a full-fledged trial, it is not open to respondent to raise..........
Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Army personnel allegedly caused serious injuries to husband of petitioner and hatched conspiracy to protect Army personnel - Offence in question falls under category of offence, commission of which shall be deemed to be guilty of an offence against Army Act and shall be liable to be tried by Court Martial - No FIR can be..........
Army Rules, 1954, Rule 13(3)(III)(v) -- Discharge - Misconduct - Four red ink entries - Appellant was discharged from service after rendering 13 years of service - Offences for which red ink entries are awarded cannot be said to be such gross mis-conduct and/or offences are such which would justify discharge of appellant - Order of discharge is wholly unjustified and not..........
