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May 20 2013

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

Court : Supreme Court of India

Decided on : May-20-2013

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

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Apr 20 2007

Ex. Squadron Leader S. Mukherjee Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Apr-20-2007

Subject : Service

Acts : Air Force Act, 1950 - Sections 39 and 73; Constitution of India - Articles 226 and 227; Air Force Regulations - Regulation 754

Reported in : 142(2007)DLT623

in similar other cases, the delinquent officers were let off with a lesser punishment.5. Section 39 of the Air Force Act, 1950 inter alias provides that no person subject to the said Act who absents himself without leave or who

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Jul 20 2007

Ghisulal Tailor Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jul-20-2007

Subject : Service

Acts : Air Force Act, 1950 - Sections 38(1) and 39

Reported in : (2007)3CALLT463(HC),2007(4)CHN205

order of the learned Single Judge, cannot be questioned in this appeal.(II) 'Desertion' under Section 38(1) of the Air Force Act, 1950 and overstaying leave unauthorizedly as defined under Section 39(b) of the said Act 1950 are two distinct eventualities

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Jul 15 2008

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

Court : Patna

Decided on : Jul-15-2008

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 … this application at page 158 of the brief, perusal whereof indicates that the petitioner was charged under Section 39(a) and (b) of the Act as while he was posted at Air Force Station, Bhuj, he was granted

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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 … 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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Jun 28 2010

M. Chinnapaiyan Versus Air Officer Commanding / Officiating Group and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Jun-28-2010

Subject : Land Acquisition

with a copy marked to the Air Officer Commanding in Chief, Nagpur. As per Section 26 of the Air Force Act, 1950, read with AFO 397/72 Para 621 the grievances set out by the petitioner ought to have been dealt … Officer Commanding in Chief, Nagpur. As per Section 26 of the Air Force Act, 1950, read with AFO 397/72 Para 621 the grievances set out by the petitioner ought to have been dealt with within 45 days

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May 20 2013

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

Court : Supreme Court of India

Decided on : May-20-2013

Subject : Education

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

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Jun 04 2007

Kalawati Pandurang Fulzele Vs. Divisional Controller

Court : Mumbai

Decided on : Jun-04-2007

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 2, 2(14), 3, 3(5), 10(2), 28 and 44; Industrial Disputes Act, 1947 - Sections 2, 25B, 25F and 25G; Industrial Disputes (Bombay) Rules, 1957 - Rule 81; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 2; Contract Labour Act; Labour and Industrial Law; Constitution of India - Articles 14, 15(1), 15(3), 38, 39, 41, 42, 43, 46, 47 and 227

Reported in : 2007(5)ALLMR80; 2007(5)BomCR177

retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of … treated as the one under Article 227 of the Constitution of India.FACTS3. The petitioner filed a complaint under Section 28 read with item (1) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of … case, and some other cases decided by me recently i.e. W.P. No. 391/2006 and W.P. No. 3021/2001.2. By the present petition, the petitioner has challenged

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Dec 08 2010

D.P Tripathy Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Dec-08-2010

Subject : MRTP

read and explained the provision of Section 84 of the Indian Penal Code and Section 142 of the Air Force Act to the appellant and suggested to him to withdraw his plea of guilty. The court advised the appellant … the authorities were not convinced and court martialled him for the following offences. FIRST CHARGE SECTION 39(b) AF ACT 1950 WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM in that he, at No. 77 SU, AF having been

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Aug 10 2017

Union of India Vs. Ex Lac Nallam Shiva

Court : Supreme Court of India

Decided on : Aug-10-2017

Subject : Land Acquisition

was dismissed from service on 10th February, 2015. The respondent submitted a petition under Section 161(2) of the Air Force Act, 1950 before the Chief of the Air Staff seeking for his reinstatement which, however, was rejected vide order dated … to 901799-B Cpl Deepak Tiwari IAF/P of said Air Force Station on 11 Apr 2014. Second charge: Section 39(b)AF Act, 1950 (Alternative to the first charge) WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM In that he,

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