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Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … provision needing to be interpreted.18. Section 19, with which we are concerned, is to be found placed in Chapter IV of the Act entitled 'Conditions of Service'. Chapter VI deals with offences. Sections 34 to 68, finding … 18.8.1981. On 14.8.1981 the respondent filed a civil writ petition under Article 32 of the Constitution of India in this Court wherein, by an interim

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 … the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition

Lt. Col. Vijaynath Jha Vs. Union of India and Others

Court : Supreme Court of India

Subject : Land Acquisition

DGQA is an organisation within the control of Ministry of Defence and is composed of persons subject to Army Act, 1950 including civilian persons thus the Armed Forces Tribunal will have the jurisdiction to decide the matter relating to … verdicts qua GREF personnel, however, appears to stand on a different footing. It is because the provisions of Chapter VI i.e. offences, Chapter VII i.e. punishment, Chapter X i.e. “courts martial”, etc. apply with full force, subject … selected and inducted in the Directorate General of Quality Assurance (DGQA) from 31.05.2004. On completion of two years the appellant was transferred to the Directorate

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

Court : Delhi

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 … It was contended that even though the order was passed under Article 310 of the Constitution of India read with Section 18 of the Army

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

329 and 330 dated 23rd September, 1960 making inter alia Section 21 of the Army Act, 1950 and Chapter IV of the Army Rules 1954, applicable to the General Reserve Engineering Force are ultra vires that Article … members of the armed forces of the Union, that is to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections … Bench of this Court in bunch of Petitions i.e. Writ Petition Nos. 303, 511, 1909, 2937 of 1988 and Writ Petition Nos. 1424 and 616

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

Court : Allahabad

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 … to suffer rigorous imprisonment for one year and (b) to be dismissed from service, by the order dated 3.8.1979. The finding and sentence of the General Court Martial were confirmed by the General Officer Commanding, M. P..

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

Abhimanyu Vs. The Union of India and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

of which the Commanding Officer had framed the tentative charge against the petitioner under Section 44 of the Army Act, 1950 on 9th May, 2001 for giving negative answer at the time of enrolment when query was put to … India MANU/SC/0346/1990 : 1990CriLJ 2148a has observed that the Constitution contains special provisions in regard to Armed Forces. Chapter III of the Constitution granting fundamental rights is restricted or abrogated in respect of members of armed forces … judgment and order dated 23rd July, 2001 passed by the Commanding Officer 3 Adm and Dvrs Trg. Regt. Artillery Center, Hyderabad in Summary Court Martial

Suja Ram Gurjar Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Reported in : 1998(1)WLN158

should not be more than twenty years of age on the date of enrollment. Chapter III of the Army Act, 1950, delas with appointment and enrollment. In the instant case, the term enrollment is involved. Relevant provisions of the … to the requirements contained in Annexure P. 6, he was eligible to apply for the said post upto 30.6.1993. The petitioner applied much prior to the said date and he was called for enrollment on 6.12.1992. However

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Subject : Service

Acts : Air Force Act, 1950 - Sections 2, 7, 41, 41(2), 65, 111 and 125; Constitution of India - Articles 14, 19, 19(1), 19(4), 21, 22 and 33; Army Act; Air Force Rules, 1969 - Rules 88, 89, 100, 102, 110, 111 and 125; Code of Criminal Procedure (CrPC)

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

Naval, Military and Air Forces; any other Armed Forces of the Union, would enable Parliament to enact the Army Act and armed with this power the Act was enacted in July 1950. It has to be enacted by … under Article 21 of the Constitution of India or for that reason under any of the provisions of Chapter III of the Constitution. 24. It was not disputed before the High Court, nor was it disputed before … the judgment and order of the High Court of Delhi dated August 3, 1995 in Civil Writ Petition No. 245 of 1986 whereby the High