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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 … It is submitted that the Court was constituted properly and there was due compliance of Rules 49 and 50 of the Air Force Rules, 1969 in regard to constitution of the court, maintainability and validity of charges

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Sep 27 2013

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

Court : Armed forces Tribunal AFT Regional Bench Kochi

Decided on : Sep-27-2013

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 … aforesaid charges, the prosecution examined as many as 09 witnesses. PW 1 Smt.Nagamma, who used to live about 50 meter away from the place of occurrence, arrived there on hearing a very loud sound. When she reached

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Apr 29 2010

R. Suresh Babu Versus Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Apr-29-2010

Subject : Land Acquisition

malafide intention of the then CO MTTI, Air Force Station, Avadi, which is violation of Section 47 and Section 50 of the Air Force Act 1950, which made the petitioner to file W.P.No.12217 of 1996 challenging the entries … sent the petitioner to CH, AF, Bangalore in February 1996 which is gross violation of Section 47 of Air Force Act, 1950. 2(c)The petitioner got discharged from hospital as a normal case having no abnormality found, routed back to MTTI,

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Sep 03 2004

Avm M.S. Brar, Avsm, Vm Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-03-2004

Subject : Service

Acts : Air Force Act, 1950 - Sections 27

Reported in : AIR2004SC5141; 2004(4)AWC3085(SC); 113(2004)DLT514(SC); JT2004(7)SC148; 2004(7)SCALE410; (2004)12SCC114; (2004)3UPLBEC2641

rank of Air Marshal. Against this denial the appellant submitted a statutory application under Section 27 of the Air Force Act, 1950. The appellant also filed Civil Writ Petition No. 3242 of 2001 against the denial of extension of service … interests of justice the Division Bench imposed heavy cost on the respondent authorities which was quantified at Rs. 50,000/-. This judgment of the Division Bench, insofar as the costs are concerned is challenged by the appellant-Union of

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Sep 11 2009

Battula Veeraswamy Vs. the Regional Provident Fund Commissioner and or ...

Court : Andhra Pradesh

Decided on : Sep-11-2009

Subject : Service

Acts : Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 1, 3, 5, 5A, 5D, 6, 6C, 6D, 7, 11, 14, 14A, 16, 17(1), 17(1C), 27 and 27A; Central Civil Services (Pension) Rules, 1972 - Rules 49(1), 50(1) and 50(2); Central Civil Services (Pension) Rules, 1971 ;Constitution of India - Articles 36, 37, 41, 47 and 226; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Civil Service Regulations

Reported in : 2009(6)ALT464

(Department of Expenditure) (Defence Division), paid out of the Defence Services Estimates and not permanently 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 … Rule 49 (ii) `retirement gratuity/death gratuity payable under Sub-rule (1) of Rule 50 ; and (iii) `residuary gratuity' payable under Sub-rule (2) of Rule 50 … The writ petitioner initially joined the services of Accounts Department on 6.11.1959. While he was working as a Section Officer (Accounts), he came on deputation to Mishra Dhatu Nigam Ltd, Hyderabad, a Government of India Undertaking (hereinafter

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Aug 03 1995

G.S. Bajwa Vs. Union of India and ors.

Court : Delhi

Decided on : Aug-03-1995

Subject : Service

Acts : Air Force Act, 1950; Air Force Rules - Rule 102

Reported in : 59(1995)DLT742

good order and Air Force discipline, and thereby committing offences punishable under Section 41(2) and Section 65 of Air Force Act. 1950. The said General Court Martial was conducted illegally and improperly. In proceeding of the said General Court Martial … -of the order of dismissal on technical ground was taken into consideration and the petitioner was allowed only 50 per cent of the back wages for the period since his removal from service till his reinstatement. Even

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Nov 10 1994

Balbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Nov-10-1994

Subject : Criminal

Acts : Air Force Act, 1950 - Sections 4, 9, 72, 124 and 125; Leave Rules - Rule 9; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 6; Code of Criminal Procedure (CrPC) - +, 1973 - Sections 475; Army Act, 1950; Indian Penal Code (IPC) - Sections 34, 302 and 325

Reported in : 1995(43)BLJR343; 1994(4)SCALE904; (1995)1SCC90; [1994]Supp5SCR422; 1995(1)LC275(SC)

- jurisdiction - Sections 302 and 34 of Indian Penal Code, 1860, Sections 72, 124 and 125 of Air Force Act, 1950, Section 475 of Criminal Procedure Code, 1973 and Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - … 325 IPC and directed to undergo rigorous imprisonment for two years' and to pay a fine of Rs. 500/- and in default thereof to further undergo rigorous imprisonment for 4 months. Balbir Singh, Bachan Singh, Kabul Singh

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Jul 26 1985

A.P. Shah and ors. Vs. B.M. Institute of Mental Health, Ahmedabad Thro ...

Court : Gujarat

Decided on : Jul-26-1985

Subject : CivilLabour and Industrial

Reported in : (1986)2GLR910

1960 in the year 1966. It was also registered as a public trust under the Bombay Public Trust Act, 1950. Prior to 1966 another public trust known as 'Nirmala Bakubhai Foundation' was carrying health services. The Institute took … any mandamus to him to forbear from acting in a particular manner (see: Ram Chandra v. Shankaramma : AIR1956SC319 ). In order that a mandamus may issue to compel a party to do something it must be … really grant the effective reliefs and, therefore, the aggrieved employees cannot be forced to resort to that alternative remedy which may not ultimately be proved … the instance of the said Institute challenging the award of arbitration under Section 10-A of the Industrial Disputes Act directing reinstatement of 33 workmen-respondents Nos. … to the Charity Commissioner Gujarat State under Section 50-A of the Bombay Public Trusts Act for framing

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Aug 17 2010

Sq Ldr C. Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Jaipur

Decided on : Aug-17-2010

Subject : MRTP

and hence could not be promoted to the next rank after retirement. 11. As regards the applicability of Air Force Act, 1950, Sec. 26 of the Reserve and Auxiliary Air Force Act,1952 lays down the conditions of applicability. It clearly … the rank of Wing Commander and consequential retrial benefits. The writ petition was transferred to this Tribunal under Sec.34 of the Armed Forces Tribunals Act, 2007 and the same has been registered as Transfer Application No. 144

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Dec 14 1982

Cpl. Gokul Ram Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Dec-14-1982

Subject : Criminal

Reported in : 1983CriLJ1223

petitioner that he was likely to be tried for offences under Sections 40A and 71 of the Indian Air Force Act (No. XLV of 1950) (for short 'the Act' herein). Thereafter, the petitioner made representation on June 24. 1982 … S.C. Agrawal, J.1. By this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, the petitioner Cpl. Gokul Ram questions the correctness of the … to the learned Counsel for the petitioner.4. We have heard Mr. M. L. Shree-mali. learned Counsel for the appellant and Mr J. P. Joshi, learned

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