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Jul 26 2000

Ram Naraian Tiwari Vs. Union of India and Others

Court : Allahabad

Decided on : Jul-26-2000

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 … as indicated in the charge-sheet could be hit by the embargo set down by sub-rule (2) of Rule 43? (ii) Whether there was satisfaction of the convening officer for convening district court martial or there was an

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Aug 11 2000

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

Court : Kolkata

Decided on : Aug-11-2000

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 … Staff), or by any officer empowered in this behalf by warrant of (the Chief of the Air Staff).'Rule 43 has amended by S.R.6. 127 dated 27.7.1995 lays down. 1. An officer before convening a general or district

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Nov 16 2006

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

Court : Delhi

Decided on : Nov-16-2006

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 … objected to the first three charges on the ground that there was no evidence; the provisions of Rules 43 and 59 were not complied with; no Court of Inquiry was established and, thus, there was violation of

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Aug 29 2008

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

Court : Supreme Court of India

Decided on : Aug-29-2008

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 … Indisputably, the witnesses named in respect of first three charges were not examined. Was it violative of Rule 43 of the Air Force Rules is the question.It reads as under:43. Convening of General and District Courts-martial: (1)

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Aug 29 1967

inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...

Court : Delhi

Decided on : Aug-29-1967

Subject : ServiceConstitution

Acts : Constitution of India - Articles 197, 309, 310, 310(1), 311, 311(2), 372(1) and 447; Code of Civil Procedure (CPC), 1908 - Sections 9; The Civilians in defense Services (Classification, Control and Appeal) Rules, 1952 - Rules 1, 3, 4, 8, 9, 24, 25, 26 and 31; Government of India Act, 1935 - Sections 240, 240(3) and 241; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55; Railway Establishment Code, 1959 - Rules 148(3) and 149(3); Indian Navy (Discipline) Act, 1934; Army Act, 1950; Indian Air Force Act, 1950; Civil Service Regulations - Regulation 197-A - Schedule - Articles 442 and 443; Motor Vehicles Act - Sections 43-A

Reported in : AIR1969Delhi220

estimates and nto subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Indian Air Force Act, 1950, who is in the whole time employment of the Government of India under the Ministry of defense. In … statement, viz., that in matters at defense personnel the jurisdiction of the Civil Courts is impliedly barred under Section 9, Civil Procedure Code. (This appears to have been raised by way of amendment to the written statement … reference to the directions issued by the Government of Madras under Section 43-A of the Motor Vehicles Act. Thus, a simple dichotomy between directions and

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Jan 28 1987

Sahab Dayal Sharma Vs. Union of India and ors.

Court : Delhi

Decided on : Jan-28-1987

Subject : Civil

Acts : Air Force Act, 1950 - Sections 111; Air Force Rules, 1969 - Rule 43(1) and 43(2)

Reported in : ILR1987Delhi172; 1987LabIC843

District Court Martial on the charges mentioned therein and the second order was under Section Iii of the Air Force Act read with Rule 43 (3) of the Rules convening the District Court Martial for the trial of the

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Sep 29 2006

District Forest Officer, Madurai Division Vs. P. Ganesan (Died) and or ...

Court : Chennai

Decided on : Sep-29-2006

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2; Workmen Compensation Act, 1923 - Sections 2, 2(1), 30, 30(1) and 30(2); Administrative Tribunals Act, 1985 - Sections 28; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; ;Tamil Nadu Pension Rules, 1978 - Rules 36 and 43; Constitution of India - Article 226; Limitation Act - Sections 5

Reported in : 2007ACJ1521; [2007(112)FLR561]; (2006)4MLJ1653

retrenchment has led to that dispute, but does not include any such person-(1) 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 … on medical grounds, with effect from 19.09.1987 as per Rules 36 & 43 of the Tamil Nadu Pension Rules, 1978. According to the petitioner, the … definition of the term 'workman'.It is an admitted position that the respondent-workman was employed as forest guard. In Section II of the Act, list of persons, who, subject to the provisions of Section 2(1)(n) are included in

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Jan 15 1974

Kuruvilla Abraham Vs. the State of Kerala and anr.

Court : Kerala

Decided on : Jan-15-1974

Subject : Criminal

Reported in : 1975CriLJ1372

not refer in detail to Hadi Bandhu Das's case AIR 1969 SC 43 : (1969 Cri LJ 274) and Kshetra Gogoi's case AIR 1970 SC … behalf of the Court in Goyal and Dhilip Kumar v. State of Kerala 1973 Ker LT 612 : AIR 1974 Ker 85. I, therefore, refrain from expressing any opinion about the sufficiency of the grounds.4. The power … his argument is that the first order dated 14-11-1973 ceased to have force and lapsed or expired after 12 days of the making of it … SC 1664 : (1970 Cr LJ 1404) both of which were cases that arose under the Preventive Detention Act. 1950, Section 13 (2) whereof was identically worded as Section 14 (2) of the present Act. The first of these

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Jul 11 1997

Uppari Muthamma and ors. Vs. Special Tribunal, Under A.P. Land Grabbin ...

Court : Andhra Pradesh

Decided on : Jul-11-1997

Subject : Tenancy

Acts : Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Sections 38E, 47, 50B and 98; Transfer of Property Act, 1882 - Sections 43 and 53A; Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Sections 4 and 5; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 6

Reported in : 1997(6)ALT481

down the principles as follows:-35. In 'Hattikudur v. Andar Sayad Abbas Sahib', AIR 1915 Madras 1085 the Madras High Court held as follows:-'In the absence … was also obtained by him from the Revenue Divisional Officer, Hyderabad (West) under Section 38-E of the Tenancy Act, 1950. Prior to the sale transaction, the said Ramaiah had sold an extent of 20,086 Sq. yards of land … of Ex.A-3, i.e., 8-2-1961 as he purchased the same under Ex.A-1 on 1-5-1961, the Special Court observed that Section 43 of the Transfer of Property Act applies to the case of the applicants and the principle of feeding … this Act or by any other law for the time being in force.'Sub.Section (d) of Section 6 reads as follows:-'An interest in property restricted in

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Feb 17 1966

Ram Gopal Mola Ram and ors. Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Decided on : Feb-17-1966

Subject : Direct Taxation

Acts : Finance Act, 1950 - Sections 13; Constitution of India - Article 295 and 295(1); Jaipur Excess Profits Tax Act, 1944

Reported in : AIR1966P& H540; [1967]64ITR419(P& H)

expressed by the Supreme Court in State of Rajasthan v. Shyam Lal, AIR 1964 SC 1495.9. The difficulty arises only with respect to the nature … Jaipur Act) received the assent of the Maharaja and came in to force on the 22nd August, 1944. Three notices under Section 15 of the … 'income-tax or super-tax or tax on profits of business' within the meaning of Section 13 of the Finance Act, 1950. Section 13 repealed all such laws, except for the purposes of the levy, assessment and collection of income-tax and … becomes due to be repaid.44. If no application for repayment is made within the time limit fixed under Section 43, or where an application has been made but the amount due is not returned due to the laches

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