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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 … No. 1 was alleged to has absented himself without leave on four occasions which was an offence under Section 39(1) of the Army Act. He was also charged under Section 63 of the Army Act for violation … appointing an 'unfit' person as a judge-advocate is not curable under Rule 103 of the Rules. If a fit person possessing requisite qualifications and otherwise

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Apr 26 1999

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Decided on : Apr-26-1999

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 21 and 226;; Army Rules, 1954 - Rules 39, 39(2), 40, 40 (1) and (2), 42, 42(2), 45, 46, 102, 103 and 105(8);; Army Act, 1950 - Sections 109, 113, 129 and 160(2)

Reported in : (1999)2CALLT300(HC)

all, we have to take into account the meaing of the 'Judge-Advocate'. It appears section 129 of the Army Act, 1950 provides for the same and which is as follows :'129. Judge Advocate--Every General Court-Martial shall, and every district … respondents herein :(a) Due to Rule 102 the disqualifications laid down under Rule 39are applicable to Judge-Advocate; (b) Section 103 prescribes for the rank; (c) Section 113 lays down restriction as to the 'rank' of members of General

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Jun 25 1996

Union of India (Uoi) and anr. Vs. Narinder Singh Mehta (Brigadier)

Court : Jammu and Kashmir

Decided on : Jun-25-1996

Subject : ConstitutionCriminal

Acts : Army Act, 1950 - Sections 63 and 164; ;Common Law Procedure Act; ;Constitution of India - Article 226; ;Constitution of Jammu and Kashmir - Section 103; ;Army Rules - Rule 22; ;Code of Civil Procedure (CPC) - Section 20 - Order 11, Rule 1

Reported in : 1997CriLJ719

charge sheet was served on him on 9-1-1994 for allegedly having committed offences Bunder Section 63 of the Army Act, 1950, hereinafter .referred to as 'the Act' and he was eventually convicted and sentenced by the GCM to (a) … of this court to entertain such writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir on the following facts:Writ petitioner was Commandant of 20 Infantry .

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Jun 26 1985

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Decided on : Jun-26-1985

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 … voluntary retirement becomes effective only from the date of relief under Regn. 103(d) of the Defence Service Regulations, 1962 (for short, 'the Regulation'). Since the

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Jul 13 2016

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Decided on : Jul-13-2016

Subject : Land Acquisition

such an organization incriminate a person?. This will be discussed a little later. (iv) The Army Act, 1950 103. The Army Act, 1950 (for short ‘the Army Act’) is of considerable importance for deciding the present controversy. … that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist

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Jan 25 2008

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jan-25-2008

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged that … Bench by way of appeal and came to be reversed in Union of India v. S.K. Sharma : 103(2003)DLT785 . We have painstakingly perused this Judgment of the Division Bench and, with respect, find that a rhetorical

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Apr 24 2007

Union of India (Uoi) Vs. S.P.S. Rajkumar and ors.

Court : Supreme Court of India

Decided on : Apr-24-2007

Subject : Service

Acts : Army Act, 1950; Air Force Act, 1950 - Sections 161(2); Air Force Rules, 1969 - Rule 40; Army Rules, 1954 - Rules 46, 103 and 104

Reported in : JT2007(6)SC278; 2007(6)SCALE124; (2007)6SCC407

Union of India and Anr. v. Charanjit S. Gill and Ors. : AIR2000SC3425 interpreted certain provisions of the Army Act, 1950 (in short the 'Act') and the Army Rules, 1954 (in short the 'Army Rules') holding that the Judge … necessity the concerned Judge Advocate was the only available officer. 5. The respondent-Rajkumar filed post confirmation petition under Section 161(2) of the Air Force Act, 1950 (in short the 'Air Force Act') on 30.1.2000 and the same … Force Rules. It is pointed out that any Rule similar to Rules 103/104 of the Army Rules did not exist in the Air Force Rules.

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Jan 25 1995

Ashok Kumar Goel Vs. Assessing Officer.

Court : Delhi

Decided on : Jan-25-1995

Subject : Direct Taxation

Reported in : (1995)53TTJ(Del)303

25-1-1995 Income Tax Act 1961 s.147 - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna & S.L.Bhayana,JJ] Army Act (46 of 1950), Section 192 & Pension Regulations for the Army (1961), Regulation. 173 Claimant was on casual … (SC); Jamna Lal Kabra v. ITO (1968) 69 ITR 461 (All) and ITO v. Lakhmani Mewal Das (1976) 103 ITR 437 (SC) relied on. Application: Also to current assessment years on the point of recording of reasons.

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Aug 11 2025

Arshnoor Kaur & Anr. versus the Union of India & Ors.

Court : Supreme Court of India

Decided on : Aug-11-2025

Subject : Education

Reported in : [2025] 8 S.C.R. 1241

by virtue of the power conferred by Article 33 of the Indian Constitution that Parliament has enacted the Army Act, 1950 - Section 12 of the Army Act, 1950 restricts the Fundamental Right of females to join the Indian Army, except … merit lists are prepared for men and women in case of seniority for SSC Non-Technical and Technical members. 103. Consequently, this Court is of the view that similar combined merit list ought to be prepared.CONSTITUTIONALLY VALID INTERPRETATION

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Feb 19 2014

Meena Devi and Others Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

Decided on : Feb-19-2014

Subject : Education

Applicability of the Act.- (1) The provisions of this Act shall apply to all persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of … Meena Devi(supra) for constitution of a full bench, similar matters being TA 103 of 2011 Roshan Lal vs Union of India, OA 1084 of 2011, … Armed Forces Tribunal and the Armed Forces Tribunal is empowered to deal with service matters as defined in Section 2 of the Act which reads as under:- Section 2 œ2. Applicability of the Act.- (1) The provisions

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