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Jul 26 2000

Ram Naraian Tiwari Vs. Union of India and Others

Court : Allahabad

Decided on : Jul-26-2000

Subject : Constitution

Acts : 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

Reported in : 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

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Nov 16 2006

Wing Commander Rajiv Arora Vs. Union and India (Uoi) and ors.

Court : Delhi

Decided on : Nov-16-2006

Subject : Constitution

Acts : 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

Reported in : 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

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Aug 11 2000

J.W.O. B.K. Singh Vs. Union of India and ors.

Court : Kolkata

Decided on : Aug-11-2000

Subject : Constitution

Acts : 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

Reported in : (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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Feb 14 2013

Crwp No.345 of 2013 Vs. Union of India and Others

Court : Punjab and Haryana

Decided on : Feb-14-2013

Subject : 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

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Oct 06 1972

G.B. Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Oct-06-1972

Subject : Criminal

Reported in : 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

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Feb 13 1987

Sulakhan Singh Vs. Union of India and ors.

Court : Delhi

Decided on : Feb-13-1987

Subject : Criminal

Acts : 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

Reported in : 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

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May 19 1975

F.R. Jesuratnam Vs. Chief of Air Staff and ors.

Court : Delhi

Decided on : May-19-1975

Subject : Criminal

Acts : Constitution of India - Article 14; Air Force Act, 1950 - Sections 164; Code of Criminal Procedure (CrPC) , 1973 - Sections 428

Reported in : 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

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Mar 04 1992

Sgt. Jeevan Kumar Vs. Union of India (Uoi)

Court : Karnataka

Decided on : Mar-04-1992

Subject : Service

Acts : 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)

Reported in : 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

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Jul 20 2010

Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Jul-20-2010

Subject : 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 –vs- 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

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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 … 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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