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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 … DDMI to send 2 JCO's to the residence of the deceased Hav. to pay a sum of Rs. 500/- to the next of kins so that they may not raise any objection. The appellant had to do

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Feb 23 1999

K. Shankar Vs. Flt. Lt. Saji Thomas and Others

Court : Andhra Pradesh

Decided on : Feb-23-1999

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 109, 323, 352 and 355; Air Force Act, 1950 - Sections 4, 124 and 126; Code of Criminal Procedure (CrPC) , 1973 - Sections 472 and 475; Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 2 and 5

Reported in : 1999(2)ALD560; 1999(1)ALD(Cri)626; 1999(2)ALT286

charged with offences under Sections 323, 352, 355 and 109 of IPC, are the persons subject to the Air Force Act, 1950. And whereas I am the Commanding Officer in respect of the above accused persons, the competent authority as … persons attached to Air Force Station Begumpet, who have been brought before you and charged with offences under Sections 323, 352, 355 and 109 of IPC, are the persons subject to the Air Force Act, 1950. And … Thomas and SON LDR S. Bhatnagar Calender Case No.91/98 Notice under Rule 5 of Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules, 1978. (SO

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Nov 20 1996

Mrs. Pramila Nesargi Vs. Union of India (Uoi) and ors.

Court : Karnataka

Decided on : Nov-20-1996

Subject : Constitution

Acts : Constitution of India - Articles 226 and 227; Cantonment Act, 1924 - Sections 3; ;Cantonment Land (Administration) Rules, 1937 - Rules 5(1), 14(3) and 14(5); Air Force Act, 1950 - Sections 45, 52 and 57

Reported in : ILR1997KAR1810

229 of the Constitution of India and is therefore, void and unenforceable in law.27. Section 45 of the Air Force Act, 1950 provides for punishment for the officer governed by the Act who behave in a manner unbecoming of his … of the respondent company. The communication is to the following effect:HO Training CommandIndian Air ForceJC Nagar PostBangalore - 560 006TC/612/AOC-in-C 07 Nov 96Shri R. Roshan BaigHonourable Minister of Statefor Home and WakfsGovernment of Karnataka Vidhana Soudha,Bangalore -

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Jun 27 2003

Madhavnath B. Tamboli Vs. the State of Maharashtra, Through the Secret ...

Court : Mumbai

Decided on : Jun-27-2003

Subject : Service

Acts : Air Force Act, 1950 - Sections 23; Maharashtra Released Defence Services Personnel (Fixation of Pay and Seniority) Rules, 1974 - Rules 2 and 3(9); Constitution of India - Article 309; Air Force Rules, 1969 - Rule 10; Punjab Recruitment of Ex-Service Rules, 1982

Reported in : 2003(4)ALLMR190; 2004(2)BomCR836

tenure.' 8. The Discharged Certificate which has been issued to the petitioner is under Section 23 of the Air Force Act, 1950. Section 23 provides thus:'23. Certificate on termination of service.-Every warrant officer, or enrolled person who is dismissed, removed, discharged, … reasons of misconduct, but that is not the case here. - MAHARASHTRA VILLAGE POLICE ACT (46 OF 1967)Sections 5, 6 & 15: [Swatanter Kumar, C.J., A.P. Lavande & Smt. Vasanti A. Naik, JJ] Powers of Police Patil

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Apr 05 2007

Harikant Ramnarayan Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Apr-05-2007

Subject : Service

Acts : Army Act, 1950 - Sections 125, 126 and 126(1); Navy Act, 1957; Air Force Act, 1950; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Criminal Code and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3, 4 and 5; Air Force Law; Army Rules - Rule 125

Reported in : 2007(5)MhLj419

Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950) and any other law, relating to the Armed Forces of the Union, for the time … the accused person shall be detained in military custody.Rules 3, 4 and 5 for Trial of Persons subject to Military Naval or Air Force Law … cognizance thereof has already been taken by the competent Criminal Court, whether the Officer Commanding in view of Section 125 of the Army Act is legally entitled to make a request to the Criminal Court to hand

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Aug 11 1994

H.R. Adyanthaya Etc. Etc. Vs. Sandoz (India) Ltd., Etc. Etc.

Court : Supreme Court of India

Decided on : Aug-11-1994

Subject : LAbour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10(1) and 33-C; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 1(4) and 2; Army Act, 1950; Air Force Act, 1950; Minimum Wages Act, 1948; Maternity Benefit Act, 1961; Payment of Bonus Act, 1965; Payment of Gratuity Act, 1972; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 17; Constitution of India - Articles 14 and 142; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 3(18); Nevy (Discipline) Act, 1934; Nevy Act, 1957; Dock Workers (Regulation of Employemtn) Act, 1948 - Sections 5-A; Workmen's Compensation Act, 1923 - Sections 6

Reported in : AIR1994SC2608; JT1994(5)SC176; (1995)ILLJ303SC; 1994(3)SCALE816; (1994)5SCC737; [1994]Supp2SCR573; 1994(3)SLJ145(SC); (1995)1UPLBEC173

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 or … whether the 'medical representatives' as they are commonly known, are workmen according to the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 (the ID 'Act'). The definition under this section has undergone changes … includes -(a) any activity of the Dock Labour Board established under Section 5-A of the. Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948);

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Nov 15 2002

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

Court : Delhi

Decided on : Nov-15-2002

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, … be given more liberally to the claimant in field service cases.'55. Rule 5 relates to post-discharge claims, that is, cases where the disease did not

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Aug 11 2011

Wg.Cdr. Manisha Krishnatri (Retd.) and ors. Vs. Uoi and ors

Court : Delhi

Decided on : Aug-11-2011

Subject : Education

Acts : Air Force Act 1950 - Section 12

The Secretary & Anr. 2. The origin of the litigation could be traced to Section 12 of the Air Force Act 1950 which makes females ineligible for enrolment or employment in the Air Force, except in such corps, department, branch … had joined the Air Force and the Army as Short Service Commissioned Officers, initially for a period of 5 years, which was extended from time to time, to a maximum of 14 years. 5. Since in the

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Apr 29 1987

Ajmer Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-29-1987

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950) and any other law, relating to the Armed Forces of the Union, for the time … of the Criminal Procedure can have no applicability whatever in respect of persons convicted and sentenced by Court-Martial.7. Section 5 of the CrPC lays down that nothing contained in the said Code shall, in the absence of a

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Oct 04 2005

M.M. Malhotra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Oct-04-2005

Subject : Service

Acts : Army Act 1950 - Sections 19, 45 and 191(2); Air Force Act, 1950 - Sections 18, 19, 45, 46 and 191(5); Hindu Marriage Act, 1955 - Sections 4, 5, 11, 12, 12(1), 12(2), 12(3) and 16; Marriage Laws (Amendment) Act, 1976; Air Force Rules, 1969 - Rule 16 and 16(4); Army Rules, 1954 - Rules 1 to 4, 14 and 16(4); Central Civil Services (Conduct) Rules, 1964 - Rule 3; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Hindu Law

Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)

upon to show-cause as to why he should not be dismissed/removed from service under Section 19 of the Air Force Act; 1950 (in short the 'Act') read with Rule 16 of the Air Force Rules, 1969. The charges leveled in … of nullity if it contravenes any one of the conditions specified in Clauses (i), (iv) and (v) of Section 5'.Clause (i) of Section 5 lays down, for a lawful marriage, the necessary condition that neither party should have

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