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Aug 31 2006

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

Court : Rajasthan

Decided on : Aug-31-2006

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. … was tried by summary court martial for committing an act prejudicial to good order and military discipline under Section 63 of the Army Act. Before being subjected to court-martial, summary of evidence was recorded in presence of … of any such officer. Summary general Court-martial may be convened, under Section 112(a) by an officer empowered in this behalf by an order or the

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Mar 20 1998

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

Court : Delhi

Decided on : Mar-20-1998

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 … of same cannot be imported to a unit which is required to move operationally.' He referred to page 112 of the counter affidavit wherein the respondents have referred to his posting in the following terms: In reply

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

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Oct 11 2006

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

Court : Karnataka

Decided on : Oct-11-2006

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 … 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 Act.

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Dec 06 2006

Major Anurag Pathak Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Dec-06-2006

Subject : Service

Acts : Army Act, 1950 - Sections 52, 57 and 71; Army Rules - Rule 149; Evidence Act - Sections 45; Defence Service Regulations; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC)

Reported in : 2007(3)ALLMR228

against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first and the fifth charge i.e. under Sections 52(f) … 1998 a Court Martial was ordered against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first

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Dec 21 2000

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

Court : Delhi

Decided on : Dec-21-2000

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

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Aug 17 2013

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

Court : Guwahati

Decided on : Aug-17-2013

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 … ought to be accorded ‘full opportunity of being present throughout the inquiry. 112. As against the stage, when Rule 156(2) gets attrated, Para 790 comes

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Aug 12 2014

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Decided on : Aug-12-2014

Subject : MRTP

settled.90. In AIR1999SC3833: (1999) 8 SCC375UOI vs. Sadha Singh, the respondent was convicted under Section 69 of the Army Act, 1950 for the offence of murder. The court observed that the Army Act was a special Act which provided … Section 370 which dealt with buying or disposing of any person as a slave Crl Rev.No.443/2009 & Crl.M.A.No.3071/2010 112 was substituted by the Amendment Act of 2013 and the relevant extract of the amended Section reads thus:―370.

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Jul 18 2008

Gulab Chandra Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Jul-18-2008

Subject : Service

of on 12.3.01 allowing him to file a petition before a competent authority under Section 164 of the Army Act, 1950 and directing the competent authority to dispose of the petition within 2 months from the date of receipt … required to plead separately to each charge as provided under Rule 111(2) of the said Rules. Again Rule 112 provides a chance to the accused to object the charge if it does not disclose an offence under

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Feb 20 1996

Krishna and Co. Vs. Union of India (Uoi)

Court : Delhi

Decided on : Feb-20-1996

Subject : Customs

Acts : Customs Act, 1962 - Sections 111, 112 and 124

Reported in : 2003(159)ELT32(Del)

no merit and same is dismissed. - 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 … for redeeming the imported goods, and for refund of personal penalty of Rs. 12,800/- imposed on it under Section 112 of the Customs Act, 1962.2. An import license dated January 10, 1972, for a value of Rs. 5

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