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Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.
Allahabad
Sep-17-2004
Service
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
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
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...
Delhi
Nov-13-2002
Service
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)
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,
Tag this Judgment! AI Brief & AskR. Viswan and ors. Vs. Union of India (Uoi) and ors.
Supreme Court of India
May-06-1983
Service
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
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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Sukhdev Singh Gill Vs. State of Punjab and ors.
Supreme Court of India
Oct-19-2000
Service
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
[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
Tag this Judgment! AI Brief & AskLt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...
Supreme Court of India
Aug-25-1982
ServiceConstitution
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)
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
Tag this Judgment! AI Brief & AskM.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.
Allahabad
Aug-29-2001
Service
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)
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
Tag this Judgment! AI Brief & AskJaideep Singh Sandhu Vs. Union of India and ors.
Delhi
May-08-1995
Civil
Army Act, 1950 - Sections 90(1)
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
Tag this Judgment! AI Brief & AskJoginder Singh Vs. State of Himachal Pradesh
Supreme Court of India
Nov-30-1970
Criminal
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;
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 -
Tag this Judgment! AI Brief & AskColonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...
Andhra Pradesh
Jul-03-2001
Service
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
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
Tag this Judgment! AI Brief & AskChandra Kumar Chopra Vs. Union of India and ors.
Supreme Court of India
May-11-2012
Service
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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