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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 … 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

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

Prabhakar Rao Mallela Vs. the Goc-in-c, Hq Western Command, Chandimand ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

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 … he was dismissed from service and at that time he had rendered only 8 years 9 months and 11 days of service till the date of desertion. Furthermore, the dismissal from service of any Army Personnel would

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

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … effect the provisions of the Act. Such rules have been framed, they being Border Security Force Rules, 1969. Chapter XI of the said Rules deals with the proceedings before SSFC. Rule 148 runs as under:148. Verdict: The Court

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 officer was, in the view of the court, 'indefensible'. Vide paras 11 and 12, this court held that the misconduct and other attending circumstances

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Subject : Service

Acts : Constitution of India - Articles 14, 21 and 226; Army Act, 1950 - Sections 20 and 23; Army Rules, 1954 - Rules 11, 12 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 360

Reported in : 2000VAD(Delhi)749

AND ITEM OF TABLE IN RULE 17 OF ARMY RULES 1954 READ WITH ARMY ACT SECTION 20(3) OF ARMY ACT, 1950. 1. 'Dismissed from service w.e.f. 16 July, 1991 being convicted by Hon'ble Court of Addl Sessions Judge, Bhiwani(Haryana) … are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. For example, Chapter III of the Representation of the People Act, 1951, entitled 'Disqualification for membership of Parliament and State Legislatures' … acknowledge receipt of this letter.' 5. The Supreme Court, by order dated 11.4.1994, released the petitioner on probation under Section 360 Cr.P.C. maintaining the conviction

Major E.G. Barsay Vs. the State

Court : Mumbai

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … 'offence' means any act or omission punishable under the Act and includes a civil offence as hereinbefore defined. Chapter VI of the Army Act gives a list of offences and, according to Mr. Purshottam, Sections 34 to … of a number of acts.; O'Connell and Ors. v. The Queen (1844) XI Cl. & P. 155, 233, referred to.; The Criminal Procedure Code, 1898,

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 … No. 1 in the negative.Issue No. 2 in the affirmative.Issues Nos. 10, 11 and 12 in the negative.21. In the result the suit will be

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 -