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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 133

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 … 1985 and Armed Forces Tribunal Act, 2007 are being looked into.6. Part XIV-A of the Constitution was inserted through Section 46 of the Constitution (42nd

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 … any person subject to this Act, who is charged with an offence, may be taken into military custody. Chapter X deals with Courts-Martial. Therein under Section 121, any person subject to this Act having been acquitted or convicted

Union of India Rep. by Chief Engineer, Naval Works, Kochi Vs. M/S. Bha ...

Court : Kerala

Subject : Arbitration

question to the learned Central Government Standing Counsel taking note of the provisions of Chapter XV of the Army Act, 1950 as well. The above chapter in the Army Act captioned `RULES' deal with the power of the Central … the Act. (Similar provisions as in the Army Act, with slight modifications, and captioned as 'Regulations' appear in Chapter X of the Navy Act, 1957. We mention it only because the contract work was executed in a naval

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 … petition found that 4TH CENTRAL PAY COMMISSION IN ITS REPORT IN PARA 10.472 HELD THAT THERE WAS NO SCOPE FOR ANY PARITY AS CONTENDED. 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 … its Chief Secretary and others Vs. Sushil Kumar (1996] 11 SCC 605). 10. The Supreme Court in the case of Delhi Administration through its Chief

Taj Mohamad Sheikh Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 130

Reported in : 1996IAD(Delhi)117; 61(1996)DLT197; 1996(36)DRJ268

Division Bench of Rajasthan High Court 1981(1) R Lr 916, cited at pt.4 below Section 130 of the Army Act, 1950 at pages 346-347 of the Air Manual 5th Edition Vol.2) (8) For the foregoing reasons, we Find the … accused to any officer constituting the court martial. A court martial is constituted by its members as per Chapter-X of the Act. A judge-advocate under Section 129, though he attends the court martial but he does not

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

pay and allowances of an officer. Chapter IX provides for arrest and proceedings before trial. Section 108 in Chapter X provides that there shall be four kinds of court-martial: (a) general courts-martial; (b) district courts-martial; (c) summary general … 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 … such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may

Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1986)2GLR1352

or any special form of procedure prescribed, by any other law for the time being in force.3. The Army Act, 1950, is an Act to consolidate and amend the law relating to the Government of regular Army. In the … corresponding provisions of the law governing the Army and the Air force.4. The Army Act provides in the Chapters VI to XIV (Section 34 to 190) to the following effect:Chapter VI - Offences.VII - Punishments.VIII - Penal … the Air force.4. The Army Act provides in the Chapters VI to XIV (Section 34 to 190) to the following effect:Chapter VI - Offences.VII -