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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 … the period 10.3.1979 to 22.3.1979. Summary of evidence having been recorded, on 5.8.1981 a General Court Martial was ordered to be convened on 18.8.1981. On

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 … suggested. Suggested amendments were given the force of law, by Amending Act 51 of 1987. After said judgment had been delivered, and amendments had been

Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 41 and 164; Army Rules, 1954 - Rule 25

Reported in : AIR1973MP191; (1972)IILLJ611MP

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals of course, as provided by Sub-clause … question in the present case deserves to be considered.31. Under the Army Act, rules have been framed and Chapter V of those rules deals with investigation of charges and trial by Court-Martial. The relevant rules are Rules … cases of R. v. Army Council Ex. P. Ravensdroft, (1917) 2 KB 504, and Heddon v. Evans, (1919) 35 TLR 642. In this connection I

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

Subject : Criminal

I.A. Ansari, J.1. Can an Army authority, in exercise of its powers under Section 125 of the Army Act, 1950, seek, for the purpose of investigation or trial, the custody of a person, who is subject to the … the Code, which run as follows:190. Cognizance of offences by Magistrates.- (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class especially empowered in this behalf … Judge, Cachar, Silchar, whereby the revision was dismissed and the order, dated 5-4-2007, passed, in GR Case No. 889/2005 (corresponding to Lakhipur Police Station Case

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 … passed by the authorities on 29-5-1948 and was served on him on 5-6-1948. Before this order of discharge the plaintiff had been served with an

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 … prosecution and also to lead evidence in his defence. The petitioner declined to make a statement under Rule 59 (b) of the Army Rules. The Court Martial recorded a finding that the petitioner is guilty of the

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 … pending against the petitioner for the offences punishable under Section 326, 324, 504, 506 r/w. 34 of IPC. As the consequence of which the Commanding

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 179; ;Transfer of Prisoners Act, 1950 - Sections 3(2); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 432, 432(7), 433 and 433(6); ;Constitution of India - Articles 14, 19, 21, 72 and 161

Reported in : 1990CriLJ1417

a return was filed in the connected writ petition No. 1511 of 1989. It was staed that the Army Act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down … Section 428 of the Code. Lastly, it was argued that the subject of remission was dealt with in Chapter XX of the Punjab Jail Manual without making any specific exception in the case of persons convicted under … of remissions. It also deals with furlough and parcle. According to Section 5 of the Code of Criminal Procedure, nothing contained in the Code applies

Umayammal Vs. State of Kerala

Court : Kerala

Subject : Labour and Industrial

Reported in : (1983)ILLJ267Ker

has led to that dispute, but does not include any such person -(i) who is subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), or the Navy (Discipline) Act. 1934 … respect of posts under the Government has to conform to the requirements under the Act - provisions under Chapter V-A of the Statute.2. A question will certainly arise in the case of Government employees and certain statutory … Shire Council Employees' Union of Australia v. Melbourne Corporation 26 Com. WLR. 508:Industrial disputes occur when, in relation to operations in which capital and labour

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

Court : Supreme Court of India

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 … be initiated against Major V.K. Singh. First petitioner sought an interview with 5th respondent on December 16, 1978. Major V.K. Singh was awarded 'displeasure' which