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Feb 25 2010

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

Court : Allahabad

Decided on : Feb-25-2010

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 … matters, a large majority of cases involve an interpretation of Articles 14, 15 and 16 of the Constitution. To hold that the Tribunals have no

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Jul 08 1994

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Decided on : Jul-08-1994

Subject : Labour and Industrial

Reported in : 55(1994)DLT217; 1994(30)DRJ178

the proper discharge of their duties and the maintenance of discipline among them.' 30. The Parliament enacted the Army Act 1950 to consolidate and amend the law relating to governing of the regular army. The conditions of service of … made in the Constitution, the army Act lays down the law relating to the governance of the Army. Chapter IV prescribes the conditions of service of persons subject to the Act. At the outset, Section 18 manifests … dismiss a public servant at pleasure is outside the scope of Article 154 and, thereforee, cannot be delegated by the Governor to a subordinate officer,

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Aug 01 1997

Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...

Court : Allahabad

Decided on : Aug-01-1997

Subject : Service

Acts : Army Act, 1950 - Sections 133 and 164(2); Army Rules, 59 and 60; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 164 and 207; Constitution of India - Article 226

Reported in : 1998(1)AWC53

his earlier statement. There is no dispute that the petitioner being an army personnel is subject to the Army Act, 1950. Chapter X of the Act deals with Courts Martial and Chapter XI deals with Procedure of Courts Martial. Section … General Officer Commanding, M. P.. Bihar and Orissa area on 29.8.1979. It was promulgated to the petitioner on 15.9.1979, and he was transferred to the Central Jail, Gaya, to serve out the sentence. The petitioner preferred a

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Apr 12 2012

Union of India Rep. by Chief Engineer, Naval Works, Kochi Vs. M/S. Bha ...

Court : Kerala

Decided on : Apr-12-2012

Subject : Arbitration

question to the learned Central Government Standing Counsel taking note of the provisions of Chapter XV of the Army Act, 1950 as well. The above chapter in the Army Act captioned `RULES' deal with the power of the Central … the Army Act which has been brought in by amendment under Act 20 of 1983 with effect from 15-03-1984. Even before that amendment, the provision covered by Section 193 mandated of publication of the rules and regulations

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May 08 1995

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Decided on : May-08-1995

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

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Apr 08 2003

Baby Vs. Union of India (Uoi)

Court : Kerala

Decided on : Apr-08-2003

Subject : Service

Acts : Army Act, 1950; Entitlement Rules for Casualty Pensioners Awards Rules, 1982 - Rules 9 and 14

Reported in : 2003(3)KLT362

the question in the abstract, a brief reference to the statutory provisions is essential. The Parliament enacted the Army Act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set … Air Force. So far as the present case is concerned, we are concerned with the provisions contained in Chapter XV. Section 191 of the Act empowers the Central Government to 'make rules for the purpose of carrying … be exercised in case of persons who have not been attested. Rule 15 deals with the termination of service by the Central Government on grounds

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Apr 18 2013

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

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Apr-18-2013

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 … would dis-entitle him to receive any service pension. The qualifying service for the grant of service pension is 15 years and since he did not have the tenure to that extent he would not be entitled to

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Jan 19 2010

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

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Jan-19-2010

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 … Chief of the Army Staff could not exercise his powers under Section 153 of the Army Act because of the undertaking given from the side

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Oct 04 2017

Mustak Seikh Vs. State of Jharkhand and Ors

Court : Jharkhand

Decided on : Oct-04-2017

Subject : Land Acquisition

1881, the Trade and Mearchandise Marks Act, 1958, the Police Act, 1861, the Factories Act, 1948 and the Army Act, 1950, there are provisions prescribing period of limitation for prosecution of offences, there was no general law of limitation … vigilant and not the sleepy. This is expressed in the Latin maxim vigilantibus et non dormientibus, jura subveniunt. Chapter XXXVI Cr.P.C. which provides limitation period for certain types of offences for which lesser sentence is provided draws … or upon his own knowledge, that such offence has been committed. Chapter XV relates to “Complaints to Magistrate”. Section 200 thereof provides for examination of

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Aug 25 1982

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Aug-25-1982

Subject : ServiceConstitution

Acts : Constitution of India - Articles 19(1), 21, 32 and 33; Army Rules, 1954 - Rules 22 to 25, 37, 40, 41, 42, 44, 180, 187 and 187(3); Army Act, 1950 - Sections 7, 8, 113, 125, 191 and 192; Code of Criminal Procedure (CrPC)

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC); MANU/SC/0233/1982

in placitium (ix) to include any division or branch of a department. Chapter III deals with the commission, appointment and enrolment of Army personnel. Chapter … been initialled by the officer reported upon is the gravamen of the charge under Section 45 of the Army Act on which the petitioner is called upon to face a trial by the General Court Martial convened under … failed to comply with two pre-conditions incorporated in the proviso to Section 5A of the Prevention of Corruption Act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. The High Court held that … under the impugned order dated April 11, 1981.Re : Writ Petition No. 1513/79 :The first petitioner Captain Dharampal Kukrety and Petitioner 2 Naik Bhanwar Singh

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