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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 … being looked into.6. Part XIV-A of the Constitution was inserted through Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 01.03.1977. Said

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Apr 11 2001

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

Court : Supreme Court of India

Decided on : Apr-11-2001

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 … on the ground that the Army Act contained specific provisions, viz. Section 45, for punishment for unbecoming conduct and as Section 19 itself suggests that

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Jul 14 2009

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Decided on : Jul-14-2009

Subject : Other Taxes

Acts : Army Act, 1950 - Sections 2, 2(1), 3 and 21; Tamil Nadu District Municipalities Act - Sections 124D and 124J; Territorial Army Act, 1948 - Sections 9(1); Air Force Act, 1950; Navy Act, 1957; Central Reserve Police Force Act, 1949; Army Rules, 1954 - Rule 19; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Civil Service Regulations; Constitution of India - Articles 19 and 33

Reported in : (2009)6MLJ269

: AIR 1983 SC 658 wherein the qeustion was whether Section 21 of the Army Act, 1950 r/w Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33 of the Constitution … SC 1179 wherein, in paragraph Nos. 11 and 12, it has been held as follows:11. In enacting the Army Act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, … Court in Gopal Upadhyaya v. Union of India : AIR 1987 SC 413 wherein the Hon'ble Supreme Court was invited to answer the question as

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Jul 07 2006

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

Court : Mumbai

Decided on : Jul-07-2006

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 … 1988 and Writ Petition Nos. 1424 and 616 of 1989 decided on 4-12-1990 at Nagpur B.S. Raut and Ors. v. State of Maharashtra and Ors.

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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 … go back to his duties. The request for further extension of leave from the third respondent proved futile. 4. The applicant had also requested for voluntary discharge from service for the aforesaid unavoidable circumstances. The applicant had

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Nov 07 2008

Union of India (Uoi) and ors. Vs. Rajpal Singh

Court : Supreme Court of India

Decided on : Nov-07-2008

Subject : Service

Acts : Army Act, 1950 - Sections 3(21), 18, 19, 20, 22 and 191; Armed Forces Medical Services Act, 1983; Armed Forces Medical Services Rules; Army Rules, 1954 - Rule 13, 13(1), 13(2A) and 13(3); Army Order, 1980; Constitution of India - Article 226; Army Regulations, 1962

Reported in : 2008(57)BLJR271; JT2008(12)SC476; 2008(14)SCALE591; (2009)1SCC216; 2009(3)SLJ71(SC):2008AIRSCW7809

the physical status of the army personnel, it will be useful to briefly refer to relevant statutory provisions.16. Chapter IV of the Army Act, 1950 (for short `the Act') deals with the conditions of service of the … be any compromise on that score. It is with this object in view, the Legislature has enacted the Army Act, 1950; the Armed Forces Medical Services Act, 1983 and framed the Rules. Army Orders are also issued from time … medical category (permanent) for a period of two years from October, 2001. 4. However, before the expiry of the said period of two years, a

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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 … natural justice and fundamental right guaranteed under Article 14 of the Constitution? 4. Mr. Arun Jaitley, learned counsel for the appellant contended that though the

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May 06 1983

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-06-1983

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33 … under:Posts Army GREF Brig/Col/Chief Engineer Gr. I & II 75% 25% Lt. Col./Superintending Engineer 50% 50% Major/Executive Engineer 42% 58% Capt./Asstt. Executive Engineer 20% 80% Assistant Engineer - 100%So far as officers and men recruited through the

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Jan 15 2014

Balwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

Decided on : Jan-15-2014

Subject : Land Acquisition

No. SROs 329 and 330 dated 23rd September, 1960 making Section 21 of the Army Act 1950 and Chapter IV of the Army Rules 1954 applicable to General Reserve Engineering Force. Therefore, the personnel of GREF are … on the ground of lack of territorial jurisdiction in the matter. The GREF personnel are governed by the Army Act 1950 and as such the petitioner is entitled to get the disability pension from the respondents. Hence the present … India (Supra). The Apex Court while dismissing the writ petition found that 4TH CENTRAL PAY COMMISSION IN ITS REPORT IN PARA 10.472 HELD THAT THERE

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Jul 02 2008

Harendra Kumar Deka Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jul-02-2008

Subject : Criminal

by virtue of some exemption notification issued under Section 14 of the Arms Act.20. Section 2 of the Army Act, 1950 makes specific provision dealing with the liability. Under Section 69 of the said Act any person subject to … an offence and every penal provision under the IPC shall be understood subject to the exceptions contained in Chapter entitled 'General Exceptions'.15. Chapter IV of the IPC commencing with Section 76 and ending with Section 106 deals … any person is an offence under the said Act. However, Section . 41 of the Act enables the Govt. of India to exempt any person

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