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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 … that the Judge Advocate was junior in rank. Therefore, the proceedings were illegal. 7. With reference to Rule 40 of the Air Force Rules, 1969 (in short the 'Air Force Rules'), it is submitted that member of

Rajiv Arora Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Air Force Act, 1950 - Sections 40, 45, 47, 48 and 65; Evidence Act; Air Force Rules - Rules 43, 43(3) and 57

Reported in : AIR2009SC1100; JT2008(9)SC499; 2008(12)SCALE90; 2009(1)SLJ98(SC)

Assistant of HeadquarterSouth Western Air Command, Indian Air Force and behaved in a riotous manner.SEVENTH CHARGE SECTION 47 AIR FORCE ACT, 1950 (ALTERNATIVE TO SIXTH CHARGE)ILL TREATING A PERSON SUBJECT TO THE AIR FORCEACT BEING HIS SUBORDINATE IN RANKIn that … 1950INTOXICATIONIn that he,at Gandhinagar (Gujarat) on 06 Jan. 06, was found in a state of intoxicationFIFTH CHARGE SECTION 40(a) AIR FORCE ACT, 1950ASSAULTING HIS SUPERIOR OFFICERIn that he,At Gandhinagar (Gujarat), on 06 Jan.06, assaulted Gp.Capt. SS Kothari

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 … 1950INTOXICATIONIn that he, at Gandhinagar (Gujarat) on 06 Jan 06, was found in a state of intoxication.FIFTH CHARGESECTION 40(a) AIRFORCE ACT, 1950ASSAULTING HIS SUPERIOR OFFICERIn that he, at Gandhinagar (Gujarat), on 06 Jan 06, assaulted Gp Capt

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 … taken place and the petitioner was provided with the copy of the charge sheet in terms of Rule 40 of the Air Force Rules. 1969.'15. The writ petitioner's prayer for Immediate Interview with AOC-in-C was rejected by

Corporal S. Arun Vs. the Union of India, Represented by Its Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : Land Acquisition

the date of final verdict, whereby he was found guilty of three charges under Section 71 of the Air Force Act, 1950 for committing civil offences under Sections 304A, 338 and 279 of the Indian Penal Code and was accordingly … from the western edge of the road. There is an uncovered drain starting at a distance of about 40 m from the accident spot. “ 21. PW 9 Mr.Sathyan.P.A was posted as Joint Regional Transport Officer, Kollam.

Sgt Praveen Kr. Thul Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

whereby the petitioner was found guilty of having committed the offence under Sections 40(c) and 65 of the Air Force Act and sentenced (a) to be reduced to the ranks; and (b) to be severely reprimanded. Thereupon, a statutory … some derogatory remarks, which resulted in the issue of a charge sheet viz. FIRST CHARGE SECTION 40(c) AF ACT 1950 USING INSUBORDINATE LANGUAGE TO HIS SUPERIOR OFFICER in that he, at Shimla (HP), on 13 Sep 06, while

ex.lac Yogesh Pathania Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

has found the appellant guilty of charge nos. 3, 5 and 7 which read as under: “3. Under Section 40 (c) Air Force Act, 1950 for using insubordinate language to his superior officer; in that he, at 405 … 01.02.2010 confirmed on 09.03.2010 and also against rejection of his statutory complaint under Section 161 (2) of the Air Force Act, 1950 by the Chief of Air Staff. The DCM was initiated on account of an incident on the intervening

Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1986)2GLR1352

of F.R. Jesuratnam v. Chief of Air Staff 1976 Cri. L.J. 65. It was a case under the Air Force Act, 1950 and there also a claim was made for set off under Section 428 for the period of pre-trial … that all offences under any other law (in the present case the offences are under Sections 37 and 40 of the Army Act and they are military offences) shall be investigated, inquired into, tried and otherwise dealt

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, … a constitutional disorder not related to service. The disability was assessed at 40% for two years. The counter affidavit goes on to state that the

Dev Raj Vs. the Union of India and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Sections 3, 4, 7, 8, 8(1), 10, 24, 22, 33, 40 and 40(3); Central General Clauses Act, 1897 - Sections 6; East Punjab Urban Rent Restriction Act, 1949 - Sections 13(3); Punjab Security of Land Tenures Act, 1953 - Sections 19; Displaced Persons (Compensation and Rehabilitation) Rules, 1955 - Rules 3, 4, 7(3), 19, 19(2), 22, 24, 25, 26, 30, 31, 49 and 98; Constitution of India - Articles 226 and 227; Statute Law

Reported in : AIR1974P& H65

if it is extensive, it repeals the law and re-enacts it.(See N.S. Dal Mill v. Firm Sheo Prasad, AIR 1958 All. 404). Reference may here be made to page 447 of Sutherland's Statutory Construction, 3rd Edition. Vo1. … No.4 the portions which were in their respective possession.16. On coming into force of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, (hereinafter referred to … Collector of Customs etc. (1970) 2 SCR 830 = (AIR 1970 SC 1950).103. It was then argued before us that even in the absence of … the Act.26. Sections 22 to 23 contain provisions for appeal, revision etc, to various authorities under the Act. Section 40, which is the last section of the Act, authorises the Central Government to make Rules to carry out