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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 … 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

Balwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

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

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 … whereof shall be triable by a court martial. Section 70 defines civil offences not triable by court martial. Chapter VII deals with punishments. Therein Section 71 provides as under:'71. Punishments awardable by courts martial. - Punishments may be

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 … alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

Subject : Land Acquisition

petitioner has pointed out that the ITBPF Act, 1992 has borrowed these expressions from Section 87 of the Army Act, 1950. These expressions used in the Army Act have been explained in the Manual of Indian Military Law. We … statute and summarily proceeded against or he would be subject to a trial by a Force Court under Chapter 7 of the ITBPF Act, 1992 which provides for various kinds of Force Courts.15. Section 58(1)(b) permits the … Place: Special Frontier, ITBP Date:26. 07.2011 s/d Inspector General Special Frontier, ITBPF 7 The petitioner was summarily tried on 29th July, 2011 by the competent

Ex Sepoy Madan Prasad Vs. Union Of India

Court : Supreme Court of India

Subject : Education

was held thus: “6. We do not find any merit in the first submission. Section 39 of the Army Act, 1950 is comprised in Chapter VI which deals with “offences”. Section 39 provides that on a conviction by the … punishment as contemplated in the Act can be imposed on the delinquent person. Section 71 that falls under Chapter VII of the Act deals with punishments that may be inflicted for offences on conviction by the Court Martial,

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

: [1996]3SCR785 . In thesaid case considering the similar provision as to thecommencement of a trial in the Army Act, 1950, this Court held :'In the light of the above discussion, we hold that the trialcommences the moment GCM … accused isread in the hearing of the accused in accordance with Section 84 ofthe Act. The provisions of Chapter VII of the BSF Act read withRules 52, 53 and 65 of the Rules clearly indicate that a trial

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

court-martial and the ordinary criminal court is distinctly possible in view of the provision contained in Section 127. Chapter VII sets out the various punishments which can be imposed under the Act. Chapter VIII deals with penal deductions … 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

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 … Kutilingal Achudan Nair v. Union of India : [1976]2SCR769 . In paragraph 7, the Bench found that this decision of Hon'ble Apex Court was followed

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 32 and 33; Code of Criminal Procedure (CrPC) ; Army Act, 1950 - Sections 109, 154 to 156, 164(1), 191, 192 and 193; Army Rules, 1954 - Rules 22 to 25, 28 to 32, 62, 65, 77(1), 95 to 101 and 191 to 193; Evidence Act, 1872; Army Regulations, 1987

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

relevant provisions of the Army Act and the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and the corresponding sections are from 34 … the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and the … submissions it becomes necessary to state few more facts and then refer to the relevant provisions of the Army Act and Rules.5. The petitioner became a Commissioned Officer of the Army on 30th April, 1972. On 30th April,