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Union of India and ors. Vs. Subedar Ram Narain
Supreme Court of India
Sep-15-1998
Service
Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113
AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616
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 … or gratuity in respect of all previous service. In other words a person like the respondent to whom Section 113(a) applies will not be entitled to receive any pension on an order of his dismissal being passed. Clause
Tag this Judgment! AI Brief & AskShish Ram Vs. Union of India and ors.
Supreme Court of India
Nov-23-2011
Constitution
Constitution Of India - Article 136; Army Act, 1950 - Section 20(3); Pension Regulations, 1961 - Regulation 113 (a)
2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167
the appellant from service is the brigade commander and this should be clear from Section 20(3) of the Army Act, 1950. He submitted that the appellant has in fact been dismissed by the brigade commander. Regarding pension, he submitted … that the appellant has in fact been dismissed by the brigade commander. Regarding pension, he submitted that Regulation 113(a) of the Pension Regulations, 1961 clearly provided that an individual, who is dismissed under the provisions of the
Tag this Judgment! AI Brief & AskJc-116244 Ex-subedar Joginder Singh Vs. Union of India and ors.
Supreme Court of India
Oct-16-2001
Service
Army Act, 1950 - Sections 52 and 164(2); Pension Regulations for the Army, 1961 - Regulations 16 and 113
[2003(96)FLR376]; JT2001(9)SC23; 2001LabIC4012; 2001(7)SCALE263; (2001)9SCC602; 2001(4)SCT1012(SC); (2002)1UPLBEC150
in limine on 8.9.1998. Hence this appeal.2. We notice the relevant provisions of the Army Act and Regulations:-The Army Act, 1950 'Section 52. Offences in respect of property. - Any person subject to this Act who commits any of the … dismissed as withdrawn on 11.7.1990. The appellant made representation to the President of India on 26.8.1996 under Regulation 113(a) of the Pension Regulations for the Army, 1961 (Part-I) for the grant of service pension under exceptional circumstances.
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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 Notification relates to certain amendments in Sections 3, 63, 73, 81(4), 113, 114 and 116(1) of the said Act. In the above judgment, this … 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
Tag this Judgment! AI Brief & AskBachan Singh Vs. Union of India (Uoi) and ors.
Supreme Court of India
Jul-10-2008
ConstitutionService
Army Act, 1950 - Sections 63, 109, 113, 153, 154 and 164; Evidence Act - Sections 27; Army Rules - Rules 23(1), 23(2), 23(3), 23(4) and 23(6); Constitution of India - Articles 20, 136 and 226; Military Law
2008(5)ALLMR(SC)992; 2008(3)JKJ5[SC]; JT2008(13)SC605; (2008)6MLJ684(SC); 2008(10)SCALE184; (2008)9SCC161; 2009(1)SLJ496(SC); 2008AIRSCW6518
us by the appellant - Appeal dismissed. [para 9, 10, 11, 12, 13, 14, 15, 17, 19] - ARMY ACT, 1950. Section 109: [C.K.Thakker & Lokeshwar Singh Panta, JJ] Convening of General Court Martial (GCM) Held, There is nothing in … Army Staff - GCM convened by competent authority - Members of GCM selected and appointed in compliance of Section 113 of the Act - Respondents fully complied with requirement of law - Records reveal appellant made confessional statement
Tag this Judgment! AI Brief & AskHav. Ved Prakash Sangwan Vs. Union of India
Delhi
May-04-2000
Service
Constitution of India - Articles 14, 21 and 226; Army Act, 1950 - Sections 20 and 23; Army Rules, 1954 - Rules 11, 12 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 360
2000VAD(Delhi)749
AND ITEM OF TABLE IN RULE 17 OF ARMY RULES 1954 READ WITH ARMY ACT SECTION 20(3) OF ARMY ACT, 1950. 1. 'Dismissed from service w.e.f. 16 July, 1991 being convicted by Hon'ble Court of Addl Sessions Judge, Bhiwani(Haryana) … been considered and he should have been granted pension. The third point taken is that the Pension Regulation 113 is ultra virus the Constitution, which confers an arbitrary power on the authority concerned to deprive the persons
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 … used in Section 469(1) (b) of Cr.PC in the context of offence allegedly committed by a Company under Section 113 of the Companies Act, 1956. Having regard to Section 621 of the Companies Act,which inter alia empowers the
Tag this Judgment! AI Brief & AskMahipal Singh Vs. Union of India and ors.
Delhi
Mar-23-1994
ServiceCriminal
Army Act, 1950 - Sections 116 and 120; Indian Penal Code (IPC), 1860 - Sections 465
55(1994)DLT176
that the first charge sheet was issued to the petitioner under the provisions of Section 69 of the Army Act,1950, (hereinafter called 'the Act'), which was subsequently amended to Section 63 in the second, third and fourth charge … Hq 769 (1) Ad Bde Sig No A4656 dated 02 Feb 86, is charged with:- Jabalpur AASec63 Charge 113 Jan 86 An act prejudicial to Good order and Military discipline in that he at Jabalpur, while-working as
Tag this Judgment! AI Brief & AskMajor Charanjit Singh Gill Vs. Union of India and ors.
Kolkata
Apr-26-1999
ConstitutionService
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)
(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 … 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 Court Martial wherein section 129 does not
Tag this Judgment! AI Brief & AskMadan Lal Vs. Union of India and anr.
Delhi
Sep-25-1998
Service
Army Act, 1950 - Sections 71, 72 and 73
1998VIIAD(Delhi)65; 4(1998)CLT368; 75(1998)DLT750
been framed to meet the situation coming within the purview of Sections 71, 72 and 73 of the Army Act, 1950. Section 71 of the Army Act, 1950 deals with the punishment awardable by Court-Martial. The provision reads as under: … Court Martial directing the stoppage of pension of Non Commissioned Officers would be pension to commissioned under Regulation 113 (a)'. Mr. Sanjeev Sachdeva submitted that in view of the judgment of the Supreme Court reported in Union
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