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Dec 21 2000

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-21-2000

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

Division Bench of this Court. In that case the President passed the Order under Section 18 of the Air Force Act, 1950 dismissing Hazara Singh from service with immediate effect. The main argument addressed was that as Hazara Singh had … Court Moti Ram was a peon in the North East Frontier Railway purporting to exercise power under Rule 148 of the Railway Establishment Code, the General Manager, North East Frontier Railway, terminated the services and that was

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Aug 29 1967

inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...

Court : Delhi

Decided on : Aug-29-1967

Subject : ServiceConstitution

Acts : Constitution of India - Articles 197, 309, 310, 310(1), 311, 311(2), 372(1) and 447; Code of Civil Procedure (CPC), 1908 - Sections 9; The Civilians in defense Services (Classification, Control and Appeal) Rules, 1952 - Rules 1, 3, 4, 8, 9, 24, 25, 26 and 31; Government of India Act, 1935 - Sections 240, 240(3) and 241; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55; Railway Establishment Code, 1959 - Rules 148(3) and 149(3); Indian Navy (Discipline) Act, 1934; Army Act, 1950; Indian Air Force Act, 1950; Civil Service Regulations - Regulation 197-A - Schedule - Articles 442 and 443; Motor Vehicles Act - Sections 43-A

Reported in : AIR1969Delhi220

estimates and nto subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Indian Air Force Act, 1950, who is in the whole time employment of the Government of India under the Ministry of defense. In … statement, viz., that in matters at defense personnel the jurisdiction of the Civil Courts is impliedly barred under Section 9, Civil Procedure Code. (This appears to have been raised by way of amendment to the written statement … .In that case, the Supreme Court was considering the validity of Rules 148(3) and 149(3) of the Railway Establishment Code, (1959) Vol. I. Strong reliance

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May 11 2010

Sergeant P.L. Dhaka (Retd) New Delhi Versus Union of India Through Its ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-11-2010

Subject : Right to Information

In that quarter, search was affected by Air Officer Commanding without any authority and contrary to provisions of Air Force Act, 1950 (hereinafter referred to as “The Act”) and Air Force Rules, 1969 (“The Rules”). Even the Chief of Air … contained and entire procedure has also been laid down in paras-143 to 148. Apart from it, para-917 of the Regulations for the Air Force 1969 … In order to appropriate the answer it is to be determined whether in exercise of the powers under section 190, the Central Government has issued any executive instructions or regulation other than what were specified in Section

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Aug 17 2013

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

Decided on : Aug-17-2013

Subject : Education

records were sought for by respondent No.8 purportedly in exercise of his powers under Section 108 of the Air Force Act, 1950, though he does not, according to the petitioner, have such an authority. The obtaining of the call records … else, the prosecution would amount to persecution and would cease to become a facet of administration of justice. 148. No wonder, therefore, that Rule 156(2), same as Rule 180, requires that a person, whose character or service

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Jun 10 1952

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jun-10-1952

Subject : CriminalConstitution

Acts : Constitution of India - Articles 13, 14, 15, 19, 19(1), 19(5), 19(6), 21, 22, 51, 227, 245 and 253; Abducted Persons (Recovery and Restoration) Act, 1949 - Sections 4, 6, 6(1) and 7

Reported in : AIR1952P& H309

a person's freedom of locomotion 'except in making a lawful arrest.'In 'Gopalan A. K. v. State of Madras', AIR' 1950 SC 27, Patanjali Sastri J,. observed as follows:'Article 19 seems to my mind to presupposethat the citizen … of India and the Government of Pakistan for the restoration of abducted persons. It is to remain in force till the 31st October, 1952. According to section 2 an 'abducted person' means a male child under the … for Queensland v. Attorney General For The Commonwealth', 20 C L R 148. An Act is said to be inconsistent with another when the two … in the present case is whether the Abducted Persons (Recovery and Restoration) Act, 1949, is inconsistent with or violative of the Constitution of India. 2.

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Jul 25 1967

Karam Singh and ors. Vs. State

Court : Orissa

Decided on : Jul-25-1967

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149 and 332; Code of Criminal Procedure (CrPC) , 1898 - Sections 403 and 423; Arms Act - Sections 27

Reported in : AIR1969Ori23; 1969CriLJ301

Such a case is directly covered by the rule laid down in Pritam Singh v. State of Punjab. AIR 1956 SC 415 which was followed in Manipur Administration v. Bira Singh, AIR 1965 SC 87. The juristic … houses.5. Though the contention so advanced cannot be said to be without force, I am not satisfied that the charge against the petitioner has been … exposed by Lord MacDermott in Sambasivam v. Public Prosecutor, Federation of Malaya, 1950 AC 458. His Lordship observed thus:The effect of a verdict of acquittal … Act and sentenced him to undergo R. I. for two years. Karam Singh and Mahabir were convicted under Section 148 I. P. C. and under Section 332/149 I. P. C. Each of them was sentenced to undergo R.

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Aug 23 1976

Abdul Taiyab Abbasbhai Malik and ors. Vs. the Union of India (Uoi) and ...

Court : Madhya Pradesh

Decided on : Aug-23-1976

Subject : Constitution

Acts : Constitution of India - Articles 2, 3, 4, 214, 226 and 246; States Reorganization Act, 1956 - Sections 49, 50, 51, 51(2) and 51(3); Government of India Act, 1915 - Sections 106 and 108; Government of India (Amendment) Act, 1935 - Sections 223; General Clauses Act, 1897 - Sections 14; Income Tax Act; Wealth Tax Act

Reported in : AIR1977MP116; 1977MPLJ227

other than Nagpur140. On the coming into force of the Constitution in 1950, under Article 214 as initially enacted, it is contended, every State shall … vested in the Court'. Dealing with this question in N. S. Thread Co. v. James Chadwick & Brothers, AIR 1953 SC 357, their Lordships of the Supreme Court held as under:'Section 108 of the Government of India … by the High Court in exercise of its powers under Article 225 of the Constitution which came into force on the 15th day of October 1951. The other High Court Rules, which were previously framed, are not … of Madhya Pradesh was constituted under Section 9 of the States Reorganization Act, 195,6 (hereinafter referred to as 'the Act') with effect from the appointed

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Aug 31 1981

Kistoor Mall and anr. Vs. C.P. Singh, Income-tax Officer and ors.

Court : Rajasthan

Decided on : Aug-31-1981

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 5(5), 5(7A), 6(5), 34, 64 and 64(5); Income Tax Act, 1961 - Sections 124, 124(1), 147, 148 and 297(2)

Reported in : [1983]140ITR95(Raj)

must be treated as void, non est and non-existent. Counsel cited Madhavnagar Cotton Mills v. Union of India, AIR 1968 Delhi 54 in support of his argument.30. Learned counsel for the petitioners, on the other hand, argued … service of the notices on Kanmal Nahta, the new Act came into force on April 1, 1962. In exercise of his powers under Sub-section (1) … their father, Kanmal Nahta, deceased, by the ITO, Special Investigation Circle-A, Jaipur (hereafter called 'the Jaipur ITO'), under Section 148 of the I.T. Act, 1961 (hereafter called 'the new Act') for the assessment years 1946-47 to 1950-51, and

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Nov 03 1969

Raghunandan Prasad Mohan Lal, Bareilly Vs. the Income Tax Appellate Tr ...

Court : Allahabad

Decided on : Nov-03-1969

Subject : Direct Taxation

Acts : Constitution of India - Articles 14, 20, 20(1) and 226; Income Tax Act, 1922 - Sections 28, 52 and 66; Income Tax (Amendment) Act, 1961 - Sections 271 and 297(2)

Reported in : AIR1970All620; [1970]75ITR741(All)

J., who delivered the judgment of the Court, at page 719 (of ITR) = (at pp. 17-18 of AIR); observed: 'As regards the first contention canvassed by the learned Attorney General, it seems to us that it … Income-tax Act 1922 (hereinafter referred to as the old Act) was in force. On April 1, 1962 the Income-tax Act of 1961 (hereinafter referred to … officers recruited prior to July 4, 1931 and confirmed after December 31, 1950, got higher salary than those officers who, even though appointed prior to … furnish under Sub-section (1) of Section 139 or by notice given under subsection (2) of Section 139 or Section 148 or has without reasonable cause failed to furnish it within the time allowed and in the manner required

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Jun 12 2007

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Jun-12-2007

Subject : Criminal

Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time … mind the provisions of the Indian Evidence Act and as per Rule 148 of the BSF Rules the authority opined that the petitioner/appellant is guilty … sentenced to suffer R.I. for 2 years and also dismissed from service for committing a civil offence under Section 46 of the BSF Act, i.e. to say committing rape, an offence punishable under Section 376 IPC. The

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