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May 02 2003

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Decided on : May-02-2003

Subject : Service

Acts : Air Force Act, 1950 - Sections 2, 7, 41, 41(2), 65, 111 and 125; Constitution of India - Articles 14, 19, 19(1), 19(4), 21, 22 and 33; Army Act; Air Force Rules, 1969 - Rules 88, 89, 100, 102, 110, 111 and 125; Code of Criminal Procedure (CrPC)

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the respondent the proceedings before the General Court Martial were … prejudicial to the good order and Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the … directed him to undergo an examination by the Medical Board on June 21, 1982 with a view to his recategorisation of last medical category. This

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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 … minutes I am not definite whether the said post was during the period of 2 weeks cadre i.e. 21 November to 3 December, 1977 or some times prior to it. The portion pertaining to espionage activities described

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Oct 01 2004

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Decided on : Oct-01-2004

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 2(9), 3, 5, 4(1), 4(4), 4(5), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 26(1), 26(2), 29, 30, 31 and 37; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(I) and 4K; Industrial Disputes Act, 1947 - Sections 6(N) and 25(F); Indian Boilers Act, 1923; Apprenticeship Rules, 1992 - Rules 6, 7, 8, 11, 12, 13 and 14; Army Act, 1950; Air Force Act, 1950; Navy (Discipline) Act, 1934; Contract Labour (Regulation and Abolition) Act, 1970; Apprenticeship Rules, 1962 - Rules 4B and 6; Contract Act - Sections 23

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

but does not include any such person- (i) who is subject to the Army Act, 1950 or the Air Force Act, 1950, or the Navy (Discipline) Act,1934; or (ii) who is employed in the police service or as an officer … (2) and subject only to such decision of the Apprenticeship Adviser under Sub-section (1) shall be final.' 30. Section 21 deals with holding of test and grant of certificate and conclusion of training which reads as under:- '21

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May 26 2006

Ramji Das and anr. Vs. Rajendra Mohan Mathur and anr.

Court : Allahabad

Decided on : May-26-2006

Subject : Tenancy

Acts : Uttar Pradesh Act, 1972 - Sections 21(1) and 21(2); Indian Soldiers (Litigation) Act, 1923; Indian Soldiers (Litigation) (Amendment) Act, 1925; Air Force Act, 1950 - Sections 2; Army Act - Sections 2(1)

Reported in : 2006(3)AWC2596

words 'Indian Soldier' has been defined as any person subject to the Army Act, 1950 or the Indian Air Force Act, 1950. Under Section 2(1)(a) of the Army Act as well as 2 (a) of the Air Force Act, all … Commander in Indian Air Force and thus are the soldiers within the meaning of the phrase comprised in Section 21(1) Explanation (iii) of U.P. Act No. XIII of 1972 (for short 'the Act'). An application under Section 21(1)(2)

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Mar 07 2003

Indian Air Force Employees Union Vs. State of Maharashtra,

Court : Mumbai

Decided on : Mar-07-2003

Subject : Labour and Industrial

Acts : Indian Trade Unions Act, 1926 - Sections 2(1), 3 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments Act, 1975 - Sections 4, 27 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1976; Constitution of India - Articles 14, 19(1), 33 and 276; Civil Service Rules; Army Act, 1950 - Sections 21; ;Air Force Act, 1950; Navy Act, 1957; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1991; Maharashtra State Tax on Professions Trades, Callings and Employments Ordinance, 1996; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1997; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 2000

Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609

the armed forces of theUnion, that is to say to whom the provisions ofthe Army Act, 1950, the Air Force Act, 1950, orthe Navy Act, 1957 apply serving in any part ofthe State. 12. Section 27 A Clause (a) was … like cooks,chowkidars, laskars, barbars, carpenters,mechanics, boot-makers, tailors etc. (unenrollednon-combatants governed by the Civil ServiceRules) could be curtained under Section 21 of theArmy Act.' The employees therein had taken astand that they were not the members of the'Armed Forces'

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Dec 27 1993

P.C. Kakar Vs. Commandant, Military Hospital, Trimalgiri and ors.

Court : Andhra Pradesh

Decided on : Dec-27-1993

Subject : Criminal

Acts : Army Act, 1950 - Sections 39, 145, 191 and 192; Navy Act; Air Force Act; Army Rules; Constitution of India - Articles 21 and 33; Medical Service Regulations, 1983 - Regulation 446, 447 and 448

Reported in : 1994(1)ALT1; 1994CriLJ1025

clause (a) of Regulation 446 which says that any person subject to the Army Act, Navy Act or Air Force Act 'showing symptoms of psycois will at once be admitted to hospital and placed under observation and treatment. If … a civil hospital because of the Military Nursing Service Ordinance (30 of 1943) as amended by the Army Act, 1950. Captain Latha Sharma absented herself from the place of her duty and, therefore, she committed an offence under … personhood of Captain Latha Sharma and her guaranteed fundamental right under Art. 21 of the Constitution A Departmental enquiry was pending against her and she … the place of her duty and, therefore, she committed an offence under section 39(a) of the Army Act and she got herself admitted in the

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Jul 07 2006

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Decided on : Jul-07-2006

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

forces of the Union, that is to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections (b), (c) and (d) are … Laskara, Barbers Carpenters, Mechanics, Bookmakers, Tailors etc. All these were un enrolle oncombatants governed by Civil Service Rules. Section 21 of Army Act, 1950 enables Central Government to modify certain fundamental rights in their application to persons subject

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Nov 13 2002

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Decided on : Nov-13-2002

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

On April 27, 1995, charges were framed against the respondent. He was charged under Section 71 of the Air Force Act, 1950, for having used criminal force to a woman with the intention to outrage her modesty. The respondent was … 1999 in C.W.P. No. 984/1996 whereby the order of the Air Officer, Commanding in Chief, dated on August 21, 1995, dismissing the respondent from service and the order of the Appellate Authority dated January 11, 1996 maintaining

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Feb 22 2011

Joy Thomas Vs. Union of India, Represented by the Secretary, Ministry ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Decided on : Feb-22-2011

Subject : Right to Information

working as a Commissioned Officer in Air Force. He was removed from service under Section 19 of the Air Force Act 1950 read with Rule 16(7) of the Air Force Rules 1969. He has filed this proceedings challenging the order … this clause infringes the fundamental rights of the members of the Air Force under Articles 14, 19 and 21 of the Constitution of India. It is also contended that in this case petitioner sought permission and till

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Oct 19 2006

Court on Its Own Motion Vs. Mr. Gulshan Bajwa

Court : Delhi

Decided on : Oct-19-2006

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 … for Union of India informed that he was present in the premises of the High Court. Even on 21.8.2006, he did not appear but filed further applications making reckless allegations even against the Bench extending threats and

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