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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 … the Act who behave in a manner unbecoming of his position and the character expected of him. Similarly, Section 52 of this Act creates offences in respect of property and Clause (f) thereof prohibits doing of things with

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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 … objection was overruled in presence of the objected presiding officer, which is contrary to Section 129 and Rule 52 of the Air Force Act and Rules.(iv) Disallowing the testimony of Mrs. Ambika Singhania, DW-2 and conduct of

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May 07 2014

Lac Rahul Chandra Kapari Vs. Uoi and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-07-2014

Subject : Education

Matched in: Judge R.C. Mishra, Member &Amp; the Honourable Mr. Air Marshal J.N. Burma, Member

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Sep 10 2013

Om Prakash Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-10-2013

Subject : Education

airman of the regular Air Force is charged with :First Charge Section 65 AF Act, 1950 Second charge Section 52 (b) AF Act, 1950 AN ACT PREJUDICIAL TO GOOD ORDER AND AIR FORCE DISCIPLINE In that he, At … noteworthy that this recovery was the subject matter of the first charge framed under Rule 65 of the Air Force Act, 1950 against the petitioner.25. With reference to the record, we may note that the aforenoticed submission of the Naik

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Apr 01 2011

Ex. Flg. Officer Subhash Pandey Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Apr-01-2011

Subject : Land Acquisition

the injuries were. It was also urged that holding a Court of Inquiry was not mandatory under the Air Force Act, 1950 as it was merely a fact finding body which could be dispensed with. In this case, the Commanding … High Court. On creation of this Tribunal, the writ petition was transferred and is being dealt with under Section 15 of the Armed Forces Tribunal Act. Earlier the appellant had moved the Honble High Court of Judicature … levelled against him are as given below: FIRST CHARGE AF ACT SECTION 52(A) COMMITTING THEFT OF PROPERTY TO A PERSON SUBJECT TO AF LAW in

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Aug 03 2000

Union of India and ors. Vs. Naresh Chandra Nath

Court : Guwahati

Decided on : Aug-03-2000

Subject : Service

Acts : Army Act, 1950 - Sections 52, 123(1) and 164(1); Constitution of India - Articles 226 and 227; Air Force Act; Navy Act

are dealt with by the special provisions contained in the Army Act or the Navy Act or the Air Force Act and not by the normal procedure Code, The said Navy Act is a complete code by itself and … 31.12.1985. Since 31.12.1985 happened to be the date of retirement of the respondent, Section 123(1) of the Army Act, 1950 was invoked. In the trail, besides exhibiting a large number of documents, as many as 11 witnesses were … consideration is whether the respondent did so 'with intent to defraud' within the meaning of Clause (f) of Section 52 of the Army Act. The relevant portion of Section 52 reads as under : '52. Offences in respect

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Nov 23 2007

Tourism Corporation of Gujarat Ltd. Vs. Kalu Valji Jethwa

Court : Gujarat

Decided on : Nov-23-2007

Subject : Labour and Industrial

Acts : Companies Act, 1956; Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955; Minimum Wages Act, 1948; Industrial Disputes Act, 1947 - Sections 2, 2(9), 2(14), 17B, 25C, 25F and 79; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Factories Act, 1948 - Sections 2(1), 51, 51(1), 51(2), 52, 53 and 55; Payment of Bonus Act, 1965; Payment of Gratuity Act, 1972; Workmen's Compensation Act, 1923; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Employees State Insurance Act, 1949; Employees' State Insurance Act, 1948; Apprentices Act, 1961; Bombay Shops and Establishments Act, 1948; Payment of Wages Act, 1936; Constitution of India - Article 311

Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)

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 … on a shift which extends beyond midnight-(a) for the purpose of Sections 52 and 53, a holiday or a whole day shall mean in his … Appellant Corporation3. Based on statutory provisions 3.1 On behalf of the appellants it is submitted that as per Section 2(s) of the Act, a 'workman' only means a person appointed on full-time basis and would not include

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Oct 16 2001

Jc-116244 Ex-subedar Joginder Singh Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-16-2001

Subject : Service

Acts : Army Act, 1950 - Sections 52 and 164(2); Pension Regulations for the Army, 1961 - Regulations 16 and 113

Reported in : [2003(96)FLR376]; JT2001(9)SC23; 2001LabIC4012; 2001(7)SCALE263; (2001)9SCC602; 2001(4)SCT1012(SC); (2002)1UPLBEC150

say, - (a) commits theft of any property belonging to the Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or (b) … limine on 8.9.1998. Hence this appeal.2. We notice the relevant provisions of the Army Act and Regulations:-The Army Act, 1950 'Section 52. Offences in respect of property. - Any person subject to this Act who commits any of the following

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May 07 1959

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-07-1959

Subject : Excise

Acts : Constitution of India - Articles 14, 278, 291, 294, 295 and 306; Contract Act, 1872 - Sections 56 and 197; Rajasthan Excise Duties Ordinance, 1949 - Sections 30; Finance Act, 1950 - Sections 11 and 13; Rajasthan Administration (Amendment) Ordinance, 1949 - Sections 8 and 9; Evidence Act, 1872 - Sections 115; Central Excise Act, 1944 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 13, Rule 4

Reported in : AIR1960Raj92

the court admitted them in evidence in his presence. It was held in Gopal Das v. Sri Thakurji, AIR 1943 PC 83 (87) that an objection to the mode of proof of a document (as distinguished from … 3 of which provided for the continuance of all the laws in force in any covenanting State immediately before the commencement of this Ordinance in … agreement the Central Excises and Salt Act, 1944, was extended to Rajasthan under Section 11 of the Finance Act, 1950 and the Rajasthan Excise Duties Ordinance, 1949 was repealed under Section 13. The Union Government started recovering excise … Committee had submitted its report to the Government of India, At page 52 of the Annexure to Part I of the Report the following observation

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Feb 28 2003

Ocl India Limited and anr. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Feb-28-2003

Subject : Other Taxes

Acts : Orissa Entry Tax Act, 1999 - Sections 2; Orissa Municipal Act, 1950 - Sections 4; Constitution of India - Articles 243Q and 245

Reported in : AIR2003Ori117

competence of the State Legislature.4. In support of his contention, Mr. Rath relied upon a case, reported in AIR 1961 SC 652 (Diamond Sugar Mill v. State of U. P.) and submitted that the etymological meaning of … Tax on goods entering the area within the Industrial Township constituted under Section 4 of the Orissa Municipal Act, 1950 as ultra vires apart from other ancillary prayers.2. In course of hearing, Mr. Gangadhar Rath, learned senior Advocate … within the purview of the expression 'local area' referred to in Entry 52 of List II of the Seventh Schedule to the Constitution. According to … by the Government in the Housing and Urban Department (Annexure 1) and forcefully submitted that the basic municipal and essential services like road, water, sanitation,

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