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S.P.N. Sharma Vs. the Union of India

Court : Delhi

Subject : Criminal

Acts : Constitution of India; Air Force Act, 1950 - Sections 161(1)

Reported in : AIR1968Delhi158; 1968CriLJ1059; ILR1968Delhi263

foreign power. He was found guilty in respect of three charges under sections 71 and 42 of the Air Force Act, 1950, and was cashiered on 28/11/1963 to serve rigorous imprisonment for fourteen years. The finding and the sentence of … petition to the Confirming Authority, but this opportunity was denied to him. He has further submitted that under section 161 of the said Act, after the finding and sentence was confirmed by the Confirming Authority, he was entitled

Ram Naraian Tiwari Vs. Union of India and Others

Court : Allahabad

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 … disputed by Mr. Shahi. Now after it is confirmed, a party aggrieved had a remedy as provided in Section 161. Relying on this provision, particularly, sub-section (1), Mr. Shahi submits that even if it is accepted that the

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957

employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer rigorous imprisonment for three months along with … along with other punishments by order dated 15.3.2013 which has been affirmed by the Competent Authority under Section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to

Union of India (Uoi) Vs. S.P.S. Rajkumar and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950; Air Force Act, 1950 - Sections 161(2); Air Force Rules, 1969 - Rule 40; Army Rules, 1954 - Rules 46, 103 and 104

Reported in : JT2007(6)SC278; 2007(6)SCALE124; (2007)6SCC407

Advocate was the only available officer. 5. The respondent-Rajkumar filed post confirmation petition under Section 161(2) of the Air Force Act, 1950 (in short the 'Air Force Act') on 30.1.2000 and the same was rejected by the Central Government on

Corporal G.S. Tripathi Vs. Union of India and Others

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 32 and 226; Air Force Act, 1950 - Sections 161 (1); Central Administrative Tribunal (Procedure) Rules, 1987 - Rule 6(2)

Reported in : 2001(2)AWC1189; [2001(89)FLR804]; (2001)2UPLBEC1254

and dismissed him from service and reduced his rank. The petitioner presented petition under Section 161(1) of the Air Force Act. 1950, to the Air Officer Commanding in charge. Headquarters Eastern Air Command. A.I.F. Shillong. He dismissed the petition but

Union of India (Uoi) and anr. Vs. Corporal Sharma A.K.

Court : Guwahati

Subject : Criminal

Acts : Indian Air Force Act, 1950 - Sections 150, 161, 161(1) and 161(2); Indian Penal Code (IPC) - Sections 109 and 325; Constitution of India - Article 226; Air Force Rules, 1969 - Rules 24 and 59

in its support. It is stated that by virtue of the provisions of Section 161 of the Indian Air Force Act, 1950, hereinafter referred to as 'the Act, 1950', an appeal by way of representation was submitted by the petitioner

Devjee Mishra Vs. Union of India (Uoi) and ors.

Court : Patna

Subject : Service

Acts : Air Force Act, 1950 - Sections 39, 107 and 161; Constitution of India - Articles 14, 21, 22 and 311

in Annexure-2 to this application. Having been dismissed from service, petitioner preferred appeal under Section 161 of the Air Force Act, 1950 (hereinafter referred to as the Act) before the Chief of the Air Staff, vide his memo of appeal

Court on Its Own Motion Vs. Mr. Gulshan Bajwa

Court : Delhi

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1926 - Sections 13; Contempt of Courts Act, 1971 - Sections 3, 5, 6, 8, 9, 13, 17(5) and 19(3); Air Force Act, 1950 - Sections 65, 110 and 161(2); Constitution of India - Article 215; Contempt of Courts (Amendment) Act; Probation of Offenders Act, 1958 - Sections 3, 4 and 12

Reported in : 141(2007)DLT111

the petitioner under arrest; the purported order dated 14.1.1985 passed by the Central Government under Section 161(2) of Air Force Act, 1950; Section 65 & 110 of Air Force Act; the order for arrest of the petitioner during the trial by

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

Court : Delhi

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 … the kind referred to in the petition, he has a legal right to submit a petition under Section 161(1) of the Act which will be duly considered by the authorities prior to confirmation of the sentence. On

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

Court : Kolkata

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 … appropriate authority under section 153 and there is also provision for appeal against the order of confirmation under section 161 of the Act and as such, the learned counsel contends, the 3rd writ petition challenging the decision of