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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 … authority formed an opinion that the sentence passed on the respondent was very lenient and therefore vide order dated 19.4.1979, in exercise of the powers

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 … V.K. Shukla, J.1. In the present writ petition, subject matter of challenge is

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

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 22, … 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

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

Subject : Criminal

with regard to investigation and trial. In this regard, what needs to be noted is that it is Chapter V of the Army Rules, which makes provisions for investigation of charges and trial by a Court-martial. For better … 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

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 … his claim for damages aggregates to Rs. 1,07,012/-. The defendant has raised various contentions. One of the contentions is that the suit is barred by

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 … prostitute Manju, when he tried to enter her house. The petitioner had gone to the town for buying vegetables and Sep. Trivedi had accompanied him. There they met Sep. Rabari in the company of two civilians ;

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 … prosecuted his studies at taluka place, which is far away from his village. According to the petitioner, due to group politics in his village, the

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 … the material background is that the petitioners were convicted and sentenced to varying terms of imprisonment by the Court martial. They are undergoing imprisonment in

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

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

the commission, appointment and enrolment of Army personnel. Chapter IV sets out the statutory conditions of service and Chapter V deals with service privileges. Chapter VI sets out various offences made punishable by the Act. Section 69 provides … 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