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Feb 25 2010

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-25-2010

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 member on ceasing to be such of Chairperson or member. Section 12 deals with financial and administrative powers of Chairperson and Section 13 deals

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May 18 2018

Lt. Col. Vijaynath Jha Vs. Union of India and Others

Court : Supreme Court of India

Decided on : May-18-2018

Subject : Land Acquisition

DGQA is an organisation within the control of Ministry of Defence and is composed of persons subject to Army Act, 1950 including civilian persons thus the Armed Forces Tribunal will have the jurisdiction to decide the matter relating to … verdicts qua GREF personnel, however, appears to stand on a different footing. It is because the provisions of Chapter VI i.e. offences, Chapter VII i.e. punishment, Chapter X i.e. “courts martial”, etc. apply with full force, subject … found fit for the permanent secondment by the QASB, with regard to 12 which a complaint was filed, which was rejected by the Ministry. DGQA

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Jan 15 2014

Balwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

Decided on : Jan-15-2014

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 … deployed with Attachment DETT) MTE under Sector 53 Road Construction Company, on 12.8.1996, scuffle took place wherein according to the petitioner, some Army persons of

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Jul 07 2006

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Decided on : Jul-07-2006

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

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 … then there could be no reason for 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 arrest a person without a warrant

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May 20 2013

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Decided on : May-20-2013

Subject : Service

Acts : Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957

of the Code of Criminal Procedure to a person sentenced to undergo imprisonment by general court-martial under the Army Act, 1950 (for short “the 1950 Act”). The two learned Judges observed that the position in the Army Act would … XI commencing from Sections 127 to 151 deals with the procedure of court-martial. Section 152, which occurs in Chapter XII, deals with confirmation and revision and provides that no finding or sentence of a general, district or summary

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May 20 2013

Samrendra Beura Vs. U.O.i. and ors.

Court : Supreme Court of India

Decided on : May-20-2013

Subject : Education

of the Code of Criminal Procedure to a person sentenced to undergo imprisonment by general court-martial under the Army Act, 1950 (for short “the 1950 Act”). The two learned Judges observed that the position in the Army Act would … commencing from Sections 127 to 151 deals with the procedure of court- martial. Section 152, which occurs in Chapter XII, deals with confirmation and revision and provides that no finding or sentence of a general, district or summary

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Dec 18 1991

ic-32704 X Major K.L. Menhdiratta Vs. Union of India (Uoi), Ministry o ...

Court : Mumbai

Decided on : Dec-18-1991

Subject : Service

Acts : Army Act, 1950 - Sections 40, 109 and 164

Reported in : 1991(4)BomCR320

possession of the quarter of the petitioner. Service - court martial - Sections 40, 109 and 164 of Army Act, 1950 - whether High Court has jurisdiction to deal with matter related to defence service discipline - marked difference … then there could be no reason for 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 arrest a person without a warrant

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Apr 11 2001

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Decided on : Apr-11-2001

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

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Apr 24 2000

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Decided on : Apr-24-2000

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … a class of offences punishable under the Indian Penal Code or any other legislation passed by the Parliament. Chapter VI of the Act deals with the offences. Sections 34 to 68 relate to the offences of the

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May 08 1995

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Decided on : May-08-1995

Subject : Civil

Acts : Army Act, 1950 - Sections 90(1)

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

1600.00 per month. The compensation was awarded in exercise of the powers conferred under Section 90(i) of the Army Act 1950 (46 of 1950). The order reads as follows: 'TO The Chief of the Army Staff, New Delhi. SUBJECT: … of rights and privileges under other laws The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons … Regulations (Vol. 1) (Revised Ed. 1987) deals with 'Civil Proceedings' in Chapter XIII. Regulation 532 refers to 'Attachment of Pay- officers, JCOs, WOs and OR.

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