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Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, 'Alternative Modes and Forums for Dispute Resolution,' deals with the … of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in Clause (1);(e)

Chhandra Bhan Varma Vs. Union of India

Court : Mumbai

Subject : Service

Acts : Constitution of India - Articles 32(1), 44, 310 and 311; Army Act, 1950 - Sections 18, 22, 23, 24 and 27; Army Act, 1911 - Sections 13, 14 and 16; Limitation Act, 1908 - Schedule - Article 14; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 23; Government of India Act, 1919 - Sections 93 and 96B; Government of India (Amendment) Act, 1935 - Sections 240; Civil Services Act, 1884; Government Premises (Eviction) Act, 1950

Reported in : AIR1956Bom601

relating to conditions of service applicable to a member of the defence service. It is said that the Army Act, 1950, and the Rules and Regulations made thereunder, in terms provide for dismissal, removal or reduction of any such … that a member of the defence service holds office during the pleasure of the President.The effect of the Chapter in the Army Act is that the question of dismissal, removal or reduction of a member of the … sought to found his arguments may be fully stated. They are Sections. 13, 14 and 16 and are as follows:13. (1) The Central Government may

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Subject : Civil

Acts : Army Act, 1950 - Sections 90(1)

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

1600.00 per month. The compensation was awarded in exercise of the powers conferred under Section 90(i) of the Army Act 1950 (46 of 1950). The order reads as follows: 'TO The Chief of the Army Staff, New Delhi. SUBJECT: … of rights and privileges under other laws The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons … Regulations (Vol. 1) (Revised Ed. 1987) deals with 'Civil Proceedings' in Chapter XIII. Regulation 532 refers to 'Attachment of Pay- officers, JCOs, WOs and OR.

Santosh Devi Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

the corresponding personnel of the Army except where they are inconsistent with the provisions of Regulations in this Chapter.” 13. A plain reading of the aforesaid provision makes it clear that the grant of pension award to personnel … and the personnel belonging to Territorial Army are governed by two different Acts. The former is governed by Army Act 1950 while the latter is governed by the Territorial Army Act 1948. It is implicit in Section 9 of

Major E.G. Barsay Vs. the State

Court : Mumbai

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … 'offence' means any act or omission punishable under the Act and includes a civil offence as hereinbefore defined. Chapter VI of the Army Act gives a list of offences and, according to Mr. Purshottam, Sections 34 to … this Court in State v. Arjunan Sagdevan Naikar (1955) Confirmation Case No. 13 of 1955. That case also cannot have any application, because the accused

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

Court : Gujarat

Subject : Criminal

Reported in : (1986)2GLR1352

and commencement of sentences, the same subjects which are dealt by Chapters 13 and 14 of the Army Act. Chapter 32 of Cri. P.C. provides … or any special form of procedure prescribed, by any other law for the time being in force.3. The Army Act, 1950, is an Act to consolidate and amend the law relating to the Government of regular Army. In the … corresponding provisions of the law governing the Army and the Air force.4. The Army Act provides in the Chapters VI to XIV (Section 34 to 190) to the following effect:Chapter VI - Offences.VII - Punishments.VIII - Penal

Om Prakash and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Reported in : 1996WLC(Raj)UC136; 1995(2)WLN67

enable Parliament to enact the Army Act and armed with tis power the Act was enacted in July 1950. It has to be enacted by the Parliament subject to the requirements of Part III of the Constitution … fundamental right. Accordingly, their lordships of the Supreme Court have held that provisions of Section 125 of the Army Act are not discriminatory and do not infringe the provisions of Article 14 of the Constitution.27. On the other … servants within the meaning of the Indian Railways Act, 1890 other than Chapter VI-A, therefore, and shall be entitled, to exercise the powers conferred on … constitutionally valid as being within the power conferred under Article 33.In para 13 of the judgment, their lordships have also observed as under:In the first

Prabhakar Rao Mallela Vs. the Goc-in-c, Hq Western Command, Chandimand ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

was rightly dismissed from service with effect from 20.10.2009 by invoking the provisions of Section 20(3) of the Army Act, 1950 read with Rule 17 of the Army Rules 1954. 8. If at all any domestic problem had intervened … the applicant was not served any show-cause notice as contemplated in Rule 17 of the Army Rules, 1954. 13. He would further submit that the applicant had completed 9 years and 3 months service at the time

Nb. Sub. Raj Pal Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18 and 23; Army (Amendment) Act, 1954; Army Rules, 1954 - Rule 13(2)(A), 13(3), 13(3)(I), 13(3), 13(3)III

Reported in : 127(2006)DLT470

heard the respective counsels at length and have also perused the rival contentions. Under Section 18 of the Army Act, 1950, every person under the Act holds office during the pleasure of the President and can be dismissed or … Act and the rules made there under. Rules have been framed under the power under the Act and Chapter 3 of the Army Rule, 1954 relates to dismissal, discharge which are extracted as under:-11. Discharge not to … OIC Records, the JAT Regiment allegedly under the authority of Army Rule 13(3) I (iii)(c) read with Rule 13(2)(A).6. The petitioner challenged his discharge on

Maj General (Retd.)A.K.Lal Versus the Union of India Through Secretary ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

3. The scheme under Army Act may also be referred in this connection. The relevant chapters of the Army Act, 1950 embody a completely self contained comprehensive code specifying the various offences under that Act and prescribing the procedure … from that finding/sentence. 3. The scheme under Army Act may also be referred in this connection. The relevant chapters of the Army Act, 1950 embody a completely self contained comprehensive code specifying the various offences under that … 1. The present appeal is directed against the findings and order dated 13.09.2008 passed by General Court Martial whereby holding the appellant guilty for misconduct