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Sep 17 2004

Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Sep-17-2004

Subject : Service

Acts : Constitution of India - Articles 21, 226 and 311(2); Army Act, 1950 - Sections 20(3), 105 and 106; Army Rules, 1954 - Rules 13, 13(2), 13(3), 13(5) and 17; Army Pension Regulation, 1961 - Regulation 132; Army Regulations, 1987

Reported in : 2005(1)ESC255

copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :'105. Capture of deserters--(1) Whenever any person subject to this

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Nov 13 2002

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Decided on : Nov-13-2002

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

who behaves in a manner unbecoming his position can be removed from service under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section … J.1. This letters patent appeal is directed against the order of the learned Single Judge dated January 4, 1999 in C.W.P. No. 984/1996 whereby the order of the Air Officer, Commanding in Chief, dated on August 21,

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May 06 1983

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-06-1983

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33 … the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33

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Oct 19 2000

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Oct-19-2000

Subject : Service

Acts : Punjab Government National Emergency (Concession) Rules, 1965 - Rule 2; Army Act, 1950 - Sections 3, 4(1), 63, 73, 81(4), 113, 114 and 116(1); Constitution of India - Articles 33 and 352

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

Court considered the nature of the service in the G.R.E.F. and the applicability of certain provisions of the Army Act, 1950 for the purpose of taking disciplinary action against the Officers of the G.R.E.F. In that judgment this Court … the G.R.E.F. on 8-11-1966 and was discharged sometime before 24-11-1972. He joined the Punjab Agriculture University as a Section Officer and on 7-9-1973, in the Municipal Committee, Ludhiana. In the year 1976 the services of the employees … M. Jagannadha Rao, J.CIVIL APPEAL NO. 499 OF 1992:1. This is an appeal by Sukhdev Singh Gill who filed Writ Petition

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Aug 25 1982

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Aug-25-1982

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

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 … validity of Rules 22, 23, 25 and 40 of the Army Rules, 1954 ('rules' for short) as being violative of the fundamental rights of the

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Aug 29 2001

M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Decided on : Aug-29-2001

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998. … as emerge from the pleadings of the parties are ; that the petitioner was enrolled on 25th October, 1980 and earmarked for Army Service Corps. Petitioner was posted on 6.8.1994 at 680 (I)/Tk/Tptr P1 whose Officer Commanding

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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: … M.J. Rao, C.J. (1) The petitioner has moved this petition for quashing the Central Government order dated 1st September,1995 granting maintenance to petitioner's wife and minor child. The Government of India passed an order on 1st

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Nov 30 1970

Joginder Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Decided on : Nov-30-1970

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 192, 213, 243, 244, 245, 247, 248, 254 and 549(1); Army Act, 1950 - Sections 70, 125 and 126; Indian Penal Code (IPC), 1860 - Sections 376; Criminal Court-martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4;

Reported in : AIR1971SC500; 1971CriLJ511; (1971)3SCC86; [1971]2SCR857

245, 247, 248, 254 and 549 (1) of Criminal Procedure Code, 1898, Section 70, 125 and 126 of Army Act, 1950, Section 376 of Indian Penal Code, 1860, Rules 3 and 4 of Court-martial (Adjustment of Jurisdiction) Rules, 1952 -

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Jul 03 2001

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Decided on : Jul-03-2001

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of

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May 11 2012

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : May-11-2012

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced … DIPAK MISRA, J.1. The present appeal by special leave is directed against the order dated July 23, 1991 passed by the High Court of Judicature of Delhi in Writ Petition (Criminal) No. 590 of 1991 wherein

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