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Tarif Singh Shanti Saroop Vs. Union of India, Through the Secretary, M ...

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 10, 18 and 22; Army Rules - Rule 16

Reported in : AIR1971Delhi233

the release to the date on which they may be again posted back in the Army.9. Under the Army Act, 1950 (hereinafter referred to as 'the Act') the President has the power to grant, to such person as he … a junior commissioned officer, or to appoint any persons as a warrant officer to the Regular Army (vide Section 10), Chapter Iv of the Act, in which are included Section 18 to 24. deals with conditions of service.

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 10, 18, 19, 22, 191 and 192; Evidence Act - Sections 114; Government of India Act, 1935 - Sections 49 and 75; Constitution of India - Articles 33, 53, 53(1), 73, 73(1), 74, 74(1), 75, 77(1), 77(3), 161(1), 161(2), 162, 166(3), 226 and 309; Andhra Pradesh Agricultural Produce and Livestock and Markets Act, 1966; Defence Service Regulations, 1962 - Regulation 103; Army Rules, 1954 - Rules 16-A, 16-B, 16B(1) and 16B(2); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : (1986)IILLJ1AP

The appointing authority of the appellant is the President of India by operation of S. 10 of the Army Act 1950 (46 of 1950), for short, 'The Act'. Therefore, we hold that executive action of the Union of India … latent was made patent by Office Order No. 51 dated 16th August, 1984 but its result is inconsequential. Section 114(c) of the Evidence Act permits to draw presumptive evidence that official acts have been regularly performed. In

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 … as a 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

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, … and other members. Section 8 deals with term of the office. Section 9 deals with resignation and removal; Section 10 deals with salaries, allowances and other terms and conditions of service of Chairperson and other members. Section 11

B.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 80, 83, 84, 85 and 121; Army Rules - Rule 34

Reported in : 1999(5)ALD352

respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as being in violation of the Army Act, 1950, Section 121 ofArmy Rules 34, Regulations for the ArmyPara 903 exceeding jurisdiction, unlawful and ultra vires.2. Interim stay was … 1. This writ petition is filed seeking to declare the proceedings of the first respondent dated 10-3-1999 as endorsed by the third respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as

Union of India and ors. Vs. Sunil Kumar Sarkar

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 4 and 167; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rules 10 and 19; Constitution of India - Articles 20 and 311(2)

Reported in : AIR2001SC1092; RLW2001(2)SC190; 2001(2)SCALE286; (2001)3SCC414; 2001(2)LC976(SC)

Santosh Hegde, J.1. A General Court Martial (GCM) under the provisions of the Army Act, 1950 was initiated against the respondent herein for certain allegations of defrauding the Border Road Organisation ('the Organisation') in … of sentence being confirmed by the higher authority is also contrary to the provisions of the Army Act. Section 167 of the said Act mandates that when a person is sentenced by a Court Martial his sentence … in custody. According to the Division Bench, this was contrary to Rule 10 of the Central Rules inasmuch as certain condition precedent required under the

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21

Reported in : 2003CriLJ3999

permission to meet the detenu, but he was not allowed to see him. Under Section 101(1) of the Army Act, 1950 ('the Act' for brevity) it is the duty of the officer taking a person into military custody to … follows :15. Arrest.-- (1) Any member of the Force who commits any offence specified in Section 9 or Section 10 may be placed on open or close arrest by any officer within the Force.(2) Where any subordinate officer

Mehar Singh Manhas Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Subject : Service

Reported in : 2007(2)ShimLC212

sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:He at field, on 1 June, 98, when ordered by IC-41475Y Maj … and proceeded for the operation.3. Subsequently, summary of evidence was directed to be recorded against the petitioner on 10.7.1998. Copy of the same has been placed on record by the petitioner, vide Annexure P-1. Thereafter the directions

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

effect from 17.11.1988 and was then court-martialed under the provisions of the Army Act. He was charged Under Section 40(a), using criminal force to his superior officer, and Section 48 of the Army Act, 1950 for being … ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.2. The respondent was enrolled in the Indian Army on 17.03.1962. He was promoted to the rank of Subedar … Thereafter, a conventional amount in the range of Rs. 5000 to Rs 10,000 may be added as loss of estate. Where the deceased is survived

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act - Sections 2, 2(1), 2(2) and 20(3); Indian Reserve Forces Act, 1950 - Sections 5; Indian Reserve Forces Rules, 1955; Indian Reserve Forces Act, 1888 - Sections 4, 5 and 10; ; defense Service Regulations - Rule 206

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

personnel and consequently could not have been dismissed from service under the provisions of Section 20(3) of the Army Act. In support of the said plea the petitioner has relied upon Regulation 206 of the defense Services Regulations … the aforesaid contention, the counsel also referred to the provisions of Section 5 of the Indian Reserve Forces Act, 1950 and the Indian Reserve Forces Rules, 1955.8. In the light of the aforesaid submissions, we have carefully perused … is provided as under:'.......... ....... We do not say that a statutory rule can enlarge the meaning of Section 10; if a rule goes beyond what the section contemplates, the rule must yield to the statute..........' In Babaji