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Roop Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 1, 2, 3(24), 21, 33, 34, 38(1), 39, 40, 63, 69, 70, 71, 72, 80, 108, 109, 110, 112, 113, 114, 115, 116, 118, 119, 120, 120(2), 120(4), 120(5), 125, 161, 193; Indian Penal Code (IPC) - Sections 341 and 376; Army Rules, 1954 - 22(3), 28, 29, 30, 32, 33, 34, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 129, 137 and 149

Reported in : RLW2006(4)Raj3323

proceeding. They also seek to challenge the validity of the provisions relating to summary court martial under the Army Act, 1950 and the Army Rules, 1954. As vires has been challenged in all the petitions, they were heard together.2. … officer empowered in this behalf by warrant of the Chief of the Army Staff. A district Court-martial under Section 110 may be convened by an officer empowered to convene general Court-martial or by an officer empowered in this

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

Court : Supreme Court of India

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 … can be convened by persons and authorities as specified in Section 109, 110, 112 and 118 of the Act. The procedure of court martial is

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 26, 27 and 33

Reported in : 73(1998)DLT181

in the case of the petitioner. The learned Counsel referred to Sections 26, 27 and 33 of the Army Act, 1950. 11. Section 26 provides for remedy of aggrieved persons other than .officers. The provisions give right to such … retirement (Officers)' will be issued to the officers by 'AGs Brnahc/Org-9, West Block-Ill, R.K. Puram, New Delhi - 110066 in the form of an Advisory letter. (i) In case any of the officers mentioned at Appendix 'A'

Naik Shekharappa Olekar S/O Late Hanumappa Olekar Vs. Union of India ( ...

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 129, 153, 158, 160, 161, 162, 163, 164 and 164(2); Court Martial (Appeal) Act, 1951; Court Martial (appeals) (Amendment) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Army Rules, 1954 - Rules 22, 34, 62, 179, 180 and 184; Army Regulations; Constitution of India - Articles 226 and 227; Indian Penal Code

Reported in : 2007(1)AIRKarR185

is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the Army Act, 1950 [for short, the Act, particularly under Section 39(a) of the Act on being tried by Summary Court Martial … court-martial; and(d) Summary court-martial. Court Martials can be convened by persons and authorities as specified in Sections 109, 110, 112 and 118 of the Act The procedure of court martials is detailed in Chapter XI of the

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Subject : Service

Acts : Air Force Act, 1950 - Sections 2, 7, 41, 41(2), 65, 111 and 125; Constitution of India - Articles 14, 19, 19(1), 19(4), 21, 22 and 33; Army Act; Air Force Rules, 1969 - Rules 88, 89, 100, 102, 110, 111 and 125; Code of Criminal Procedure (CrPC)

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

Naval, Military and Air Forces; any other Armed Forces of the Union, would enable Parliament to enact the Army Act and armed with this power the Act was enacted in July 1950. It has to be enacted by … prejudicial to the good order and Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the … of the duties and the role of the Judge Advocate.32. Under Rule 110 of the Air Force Rules, 1969 an officer, who is disqualified for

J.W.O. B.K. Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 14, 21, 226 and 227;; Air Force Act, 1950 - Sections 4(XV), 34 to 71, 110, 121, 152, 153 and 161;; Army Rules - Rule 37;; Air Force Rules, 1969 - Rules 34 to 38, 40, 40(1), 43 and 43(2), (3) and (8);; Station Routine Orders

Reported in : (2000)3CALLT528(HC)

Court had occasion to consider the similar provision in Rule 37 of Army Rules. In paragraph 7 of the judgment the said Rule has been … officer empowered for that behalf by warrant of the Central Government under section 153 of the Air Force Act. 1950 (for short 'the Act'). The respondent has moved CAN No 7513 of 1999 for vacating and/or recalling the … the order convening Court martial was passed by another officer who was not authorised in accordance with the section 110 of the Act. He has also not recorded his own satisfaction that the case was a proper one

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

Subject : Education

Parliament by making law, in respect of a member of armed forces, even a person, subject to the Army Act, 1950, and/or the Air Force Act, 1950, cannot be denuded of his right to protect his reputation from being … details of the call records were sought for by respondent No.8 purportedly in exercise of his powers under Section 108 of the Air Force Act, 1950, though he does not, according to the petitioner, have such an … particularly, to a case, where the provisions of Rule 156(2) squarely apply. 110. Coupled with the above, there is, as already indicated above, fundamental distinction

Naik Ravi Pratap Singh Vs. Union of India and Others

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 71, 80, 110, 116 and 120; Army Rules, 1952 - Rules 22 and 31; Army Regulations - Regulations 8, 9, 16, 19, 23, 24, 30, 44, 52, 53 and 54

Reported in : 1998(4)AWC392

is accordingly dismissed.However, there will be no order as to cost. Service - dismissal - Section 116 of Army Act, 1950, Rules 22 and 31 of Army Rules, 1952 and Regulations 53 and 54 of Army Regulations - charge … order to interprete those provisions in support of his contention, he has also referred to Sections 71, 80, 110, 116 and 120 together with note 5 thereunder. Relying on Rule 31, he contends that the charge-sheet can

Raj Kumar Jha Vs. University of Delhi and ors.

Court : Delhi

Subject : Election

forces of the Union; or (b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or (c) being a member of … contained in the answer key in respect of question numbers 94 and 110 in the LLB Entrance Examination, 2013, held by University of Delhi are … under:17. Definitions.--In this Part, [(a) service voter'' means any person specified in clause (a) or clause (b) of section 60, but does not include classified service voter defined in rule 27M;] (b) special voter'' means any person