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Ram Naraian Tiwari Vs. Union of India and Others
Allahabad
Jul-26-2000
Constitution
Constitution of India - Article 226; Air Force Act, 1950 - Sections 46, 71, 152, 157, 161 and 161(1) and (2); Air Force Rules, 1969 - Rules 43, 43(1) and (2) and 53(2); Indian Penal Code (IPC), 1860 - Sections 377
2000(3)AWC2506; (2000)3UPLBEC2217
sentence of court martial is not valid unless it is confirmed in view of Section 152 of the Air Force Act. 1950. Under Section 157, the confirming authority has the power to mitigate, remit or commute the sentence, which is
Tag this Judgment! AI Brief & AskWing Commander Rajiv Arora Vs. Union and India (Uoi) and ors.
Delhi
Nov-16-2006
Constitution
Air Force Act, 1950 - Sections 109, 40, 45, 47, 48, 65, 110, 129, 152 and 161(1); Code of Criminal Procedure (CrPC) - Sections 491; Air-Force Rules, 1969 - Rules 24, 37, 37(3), 43, 43(4), 49, 50, 52, 53, 54, 59, 113, 154 and 156; Constitution of India - Article 226
2007(93)DRJ229
the said Court had assembled at Gandhinagar (Gujarat). With reference to the provisions of Section 152 of the Air Force Act, 1950, it is stated that no finding or sentence of a general, district or summary general court-martial shall be
Tag this Judgment! AI Brief & AskJ.W.O. B.K. Singh Vs. Union of India and ors.
Kolkata
Aug-11-2000
Constitution
Constitution of India - Articles 14, 21, 226 and 227;; Air Force Act, 1950 - Sections 4(XV), 34 to 71, 110, 121, 152, 153 and 161;; Army Rules - Rule 37;; Air Force Rules, 1969 - Rules 34 to 38, 40, 40(1), 43 and 43(2), (3) and (8);; Station Routine Orders
(2000)3CALLT528(HC)
by any officer empowered for that behalf by warrant of the Central Government under section 153 of the Air Force Act. 1950 (for short 'the Act'). The respondent has moved CAN No 7513 of 1999 for vacating and/or recalling the … Court martial he proposes to convene. 30. It was argued by Mr. Mukherjee appearing for the respondent that section 152 of the Air Force Act itself provides that no finding or sentence of general Court martial shall be
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Crwp No.345 of 2013 Vs. Union of India and Others
Punjab and Haryana
Feb-14-2013
Land Acquisition
without confirming the proceedings, which according to the petitioner, is mandatory in terms of Section 152 of the Air Force Act, 1950 ('Act' for short).The petitioner submitted an application (Annexure P3) through proper channel on 29.01.2013 to the Air Force
Tag this Judgment! AI Brief & AskG.B. Singh Vs. Union of India (Uoi) and ors.
Allahabad
Oct-06-1972
Criminal
1973CriLJ485
justice and discipline demanded that he should be retried, the retrial had been ordered under the provisions of Air Force Act, 1950 in particular in the light of the provisions of Section 152 of the Act. The petitioner contends that
Tag this Judgment! AI Brief & AskSulakhan Singh Vs. Union of India and ors.
Delhi
Feb-13-1987
Criminal
Army Act, 1950 - Sections 125; Code of Criminal Procedure (CrPC) , 1973 - Sections 475; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rule 3
1987(12)DRJ297
may make rules consistent with this Code and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed Forces of the Union, for the timebeinginforce,astocasesin which persons subject … under Section 209 of the said Code ; or (D)make over the case or inquiry or trial under Section 152 of the said Code. 5.Where a Magistrate has been moved by the competent Military, naval or air force
Tag this Judgment! AI Brief & AskF.R. Jesuratnam Vs. Chief of Air Staff and ors.
Delhi
May-19-1975
Criminal
Constitution of India - Article 14; Air Force Act, 1950 - Sections 164; Code of Criminal Procedure (CrPC) , 1973 - Sections 428
1976CriLJ65; ILR1975Delhi330
one of us (V. D. Misra, J.) is 'whether a person undergoing imprisonment after being convicted under the Air Force Act- 1950, can be allowed to set off the period of pre-trial detention against the sentence of imprisonment ?'(2) F.R. … Court Martial which sentenced him to six months rigorous imprisonment on 4-3-1975. The sentence was duly confirmed under section 152 of the Act by the Chief of Air Staff on 8-4-19 75. The petitioner was thereafter sent to
Tag this Judgment! AI Brief & AskSgt. Jeevan Kumar Vs. Union of India (Uoi)
Karnataka
Mar-04-1992
Service
Air Force Act, 1950 - Sections 19, 20, 22, 24, 73 and 189(2); Air Force Rules, 1969 - Rules 15(2), 13 to 18; Constitution of India - Article 20(2)
ILR1992KAR1027; 1992(2)KarLJ408
Order under Appeals, had refused to interfere with the orders of discharge of Airmen, who were subject to Air Force Act, 1950 (for short, 'the Act'), we were, to begin with, rather disinclined to entertain these appeals being of the … Venkatachala, J.1. These Writ Appeals, W.A.Nos. 78/92, 141/92 and 152/92, are preferred under Section 4 of the Karnataka High Court Act, 1961, by the petitioners respectively in Writ Petitions, W.P.Nos. 20048/89, 12320/90
Tag this Judgment! AI Brief & AskCol Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...
Armed forces Tribunal AFT Regional Bench Kolkata
Jul-20-2010
Land Acquisition
GCM proceeding, which has got the status of a judicial proceeding as per Section 152 of the Army Act 1950. The petitioner has categorically claimed that the decision of the authority in issuing showing cause notice in his … Advocates for both the sides. The learned Advocate for the petitioner heavily relied upon the decision reported in AIR 1976 S C 3091 Radha Krishan, Major âvs- Union of India and AIR 2000 S. C. 3425 Union … the order of the High Court as per provisios of the Armed Forces Tribunal Act. 14. At the very outset let us consider the technical
Tag this Judgment! AI Brief & AskAir Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...
Guwahati
Aug-17-2013
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 … it cannot be said that the person, being proceeded against, has been given full opportunity of defending himself. 152. It is no answer on such a vital issue that no specific provision has been made in the
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