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

Court : Delhi

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 … Minister, the defense Secretary and also the Chief of Army Staff for the annulment of the proceedings under Section 165 of the Army Act, 1950.126. On 17.10.1995 the writ petition was presented in this Court praying for the

R.S. Bhagat Vs. Union of India

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 125

Reported in : AIR1982Delhi191; ILR1980Delhi1422; 1981LabIC617; 1981(1)SLJ71(Delhi)

was doing the defense Management Course at the Institute of defense Management. The training course was in the Air force Command. On 30th July. 1973 the petitioner shifted to Command Air Force Officers Mess. He was to share … that the law would take its own course in the circumstances. (iii) Under section 164(2) of the Army Act, 1950, the Central Government have a power to revise the order of the Court Martial and to pass such … an order as they think fit. The Central Government can annul the proceedings of the Court Martial under section 165 of the Army Act if they are satisfied that the order of the Court Martial and the proceedings

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

rank in the Army are the same for officers in the Army and for all personnel in the Air Force and Navy. thereforee, while the general principles that we have determined can be applied more or less uniformly, … Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … qualifying service, the special pension admissible, under Regulation 167 read with Regulation 165 shall be granted from that date.'48. The main controversy, so far as

Bakhshish Singh Vs. Court Martial and ors.

Court : Jammu and Kashmir

Subject : Criminal

Reported in : 1972CriLJ1630

Nos. 2 to 5 herein was constituted to try the petitioner on the following charges:First Charge. Section 71 Air Force Act, 1950. Committing a civil offence that is to say transporting essential commodities made punishable under Section 7 of the … Rs. 20/-in the pocket of the short coat of the former. After some investigation a complaint under Section 165-A, R. P.C. for offering bribe to Lance Naik Jacob was filed in May 1969, by the Public Prosecutor,

Parkash Chandra Vs. Union of India and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Constitution of India - Articles 22, 22(5), 77(2), 166, 166(1) and 226; Preventive Detention Act, 1950 - Sections 3, 3(1), 3(2), 3(3) and 3(4), 7 and 10; General Clauses Act - Sections 3(8)

Reported in : AIR1965P& H270

been charged for purposes of detention he could have been placed for trial before a court-martial under the AIR Force Act, 1950 or he could nave been tried under the Official Secrets Act 1923. It is pointed out that he … be sufficient to attain that object.'At page 187 (of SCR): (at p. 165 of AIR) the learned Chief Justice deplored the attitude of the authorities … on 29th Novemeber, 1963 (vide order Annexure 'A').(3) On 4th Decemeber, 1963 the following order was made under Section 3(1)(a)(I) of the Act which must be reproduced in its entirety (Annexure 'B')'GOVERNMENT OF INIDA MINISTRY OF HOME

Parkash Chandra Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Criminal

Reported in : 1965CriLJ119

been charged for purposes of detention, he could have been placed for trial before a court-martial under the Air Force Act, 1950 or he could have been tried under the Official Secrets Act, 1923. It is pointed out that he … habeas corpus for the production of the body of Parkash Chandra, who is at present being detained under Section 3(1)(a)(i) of the Preventive Detection Act, 1950 (hereinafter called the Act) in the Central jail at Tehar, and … attain that object.At page 187 (of S C R) : (at p. 165 of A I R) the learned Chief Justice deplored the attitude of

Vikrampal Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

[See Hiralal Ratanlal Vs. State of U.P., (1973)1 SCC 216 (Para 22); New Piece Goods Bagah Co.Vs. CIT, 1950 SC 165, Arvind Mohan Sinha Vs. Amulya Kumar, (1974) 4 SCC 222; CIT Vs. Ajax Products Ltd, AIR … inadequacy etc. could be evaluated. The procedures for trial and punishment and whatever remedies under Army, Naval and Air Force Act were provided, were assessed to be providing inadequate justice to the aggrieved person. Certain observations made in the … the Navy Act. Emphasis has also been laid that the provisions of Section 160 of Navy Act contemplates judicial review which is in the form

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Subject : Media and CommunicationCriminal

Acts : Privileges of Parliament Act, 1512; Code of Criminal Procedure (CrPC) , 1973 - Sections 108, 164, 173(8), 190, 193, 195 to 197 and 306; Constitution of India - Articles 1(6), 13(2), 19(1), 21, 32, 84, 99, 101, 102, 103, 105(2), 150, 160, 167, 168, 170, 172, 173, 190, 191, 192, 194, 211, 226, 246, 324 and 329; Constitution of India (forty fourth Amendment) Act, 1978 - Sections 15; Prevention of Corruption Act, 1988 - Sections 2, 7, 10, 11, 12, 13, 15 and 19(1); People Act, 1951; Salary, Allowances and Pension of Members of Parliament Act, 1954 - Sections 2, 3, 4, 6(2), 6-A(2) and 8A(1); Indian Penal Code (IPC), 1860 - Sections 2, 5, 8, 9, 12, 21, 120B, 161-A, 164 and 193; Crimes Act, 1914 - Sections 73A; Prevention of Corruption Act, 1947 - Sections 2 and 5(2); Prevention of Corruption Act,

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

House and of its members and committees immediately before the coming into force of Section 15 of the Constitution (Forty-fourth Amendment ) Act, 1978.(4) The … with the conditions of eligibility. Reference is then made to certain provisions of the Representation of the People Act, 1950, which has provided for total number of seats in the Legislative Assembly, and so far as Orissa is … - (1) No court shall take cognizance of an offence punishable under Section 161 or Section 164 or Section 165 of the Indian Penal Code (45 of 1860), or under Sub-section (2) or Sub-section (3A) of Section 5 … of Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Ors., : AIR1959SC395 , a portion of the speech made by a member of a

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Subject : Insurance

Acts : Indian Contract Act - Sections 28; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 36; Indian Limitation Act, 1908 - Sections 3 and 28 - Schedule - Article 86; Displaced Persons (Institution of Suits and Legal Proceedings) (Amendment) Act, 1950

Reported in : AIR1960P& H236

Bazar Co. Ltd., Bombay v. Commr. Of Income-tax, Bombay AIR 1950 SC 165, that the primary duty of the Court was to give effect to … void agreement. The following view expressed by him at p. 353 (of ILR Bom): (at p. 228 of AIR) is noteworthy:'I cannot accept the proposition that there is no distinction in India between rights and remedies. Section … the words in the clause be construed literally, there might be considerable force in the argument addressed but the terms used in an insurance contract … period of limitation expires after the commencement of the Displaced Persons (Institution of Suits and Legal Proceedings) Amendment Act, 1950 may be instituted at any time before the day of expiry of this Act'.The period of limitation for

Major E.G. Barsay Vs. the State of Bombay

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act - Sections 5(1); Indian Penal Code (IPC), 1860 - Sections 34, 120-B, 381 and 411; The Army Act, 1950 - Sections 52, 69, 125 and 126

Reported in : AIR1961SC1762; 1961CriLJ828; [1962]2SCR195

to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation … Act. 18. The argument of learned counsel for the appellant may be briefly stated thus : The Army Act, 1950 (46 of 1950) created new offences. Section 52 of the said Act created offences with which accused in … Corruption Act, 'No Court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the Indian Penal Code, or under sub-section (2) of section 5 of this Act, alleged to have