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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 … the GCM. For reasons best known to the Military Intelligence officers the GCM convened against Major N. ' 119. Not being satisfied with this, the petitioner was made to sign a certificate dated 4.10.1980 which would read

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. … 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 … as the case may be, alone constitutes the Court. Sections 118 and 119 lay down the powers of the general and summary general Courts-martial, and

Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 3, 13, 14, 15, 16,17, 20, 21, 30, 34, 35, 39 and 46; Indian Contract Act, 1872 - Sections 28; Madras Regulation Act; Limitation Act, 1963 - Article 119; National Health Service Act, 1946; Tribunals and Inquiries Act, 1958 - Sections 12; Mines & Minerals (Regulation and Development) Act, 1957; Constitution of India - Articles 136, 226 and 227; Industrial Disputes Act, 1947 - Sections 10A; Bengal Reulation Act; Indian Arbitraton Act, 1899 - Sections 30; Code of Civil Procedure (CPC) , 1908; Army Act, 1950 - Sections 164 and 165

Reported in : [1989]3SCR144

is manifest that there is no express obligation imposed by Section 164 or by Section 165 of the Army Act on the confirming authority or upon the Central Government to give reasons in support of its decision to … arbitrator to state his award in the form of a special case under Section 21 of the Arbitration Act, 1950. It is submitted that the provision with regard to the statement of the case by an arbitrator to … remitted for reconsideration or for setting it aside is prescribed under Article 119 of the Limitation Act, 1963. Section 39 of the Act provides that

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 69 and 120(2)

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

contention that the Summary Court Martial was not competent authority under the provisions of section 120(2) of the Army Act, 1950. Therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. In support … and set aside. In support of this submission, Shri Dhorde, counsel for the petitioner, invited our attention to section 119 of the Act which deals with the powers of District Court Martial and according to him the only

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

Subject : Service

court- martial against the appellant. In this behalf our pointed attention was drawn to Section 130 of the Army Act, 1950. Section 130 of the aforesaid is being extracted hereunder:130. Challenges.- (1) At al trials by general, district or summary … Act, 1950.Sections 118 and 119 aforementioned relate to the powers of general and summary general court- martials, and Section 119 delineates the powers of a district court-martial. The relevance of the present controversy is only to Section 120

Chhandra Bhan Varma Vs. Union of India

Court : Mumbai

Subject : Service

Acts : Constitution of India - Articles 32(1), 44, 310 and 311; Army Act, 1950 - Sections 18, 22, 23, 24 and 27; Army Act, 1911 - Sections 13, 14 and 16; Limitation Act, 1908 - Schedule - Article 14; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 23; Government of India Act, 1919 - Sections 93 and 96B; Government of India (Amendment) Act, 1935 - Sections 240; Civil Services Act, 1884; Government Premises (Eviction) Act, 1950

Reported in : AIR1956Bom601

relating to conditions of service applicable to a member of the defence service. It is said that the Army Act, 1950, and the Rules and Regulations made thereunder, in terms provide for dismissal, removal or reduction of any such … v. The Queen (1896) 1 QB 116, (C), Lord Herschell at p. 119 of the report observed:'I take it that persons employed as the petitioner … at Jabbalpore as it was his contention that he was not bound to do so. A notice under Section 80, Civil P. C. was served by him on the Union of India and a suit, being Suit

Punjab National Bank Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (2000)66TTJ(Del)847

Singh, J.M. & Sikendar Khan, A.M. - 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 … by Central Board of Direct Taxes, Their Lordships have laid down that Central Board of Direct Taxes under section 119 of the Income Tax Act had power to tone down the rigour of the law and ensure a

Prahlad Industries Vs. Income Tax Officer.

Court : Delhi

Subject : Direct Taxation

Reported in : (1995)52TTJ(Del)345

years. Income Tax Act 1961 s.69B - 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 … v. ITO (1979) 116 ITR 825 (P&H) (FB), and Daulat Ram & Ors. v. ITO (1990) 181 ITR 119 (AP) relied on [w.r.t. (ii)]. Application : Also to current assessment years. Income Tax Act 1961 s.69B -

G.J.Rama Subba Reddy Vs. the Commanding Officer, 26 Maratha Light Infa ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

Police, Kurnool District, informing the Police that the applicant has committed an offence under Section 39(b) of the Army Act 1950 (overstayal of leave) and requested the Civil Police to apprehend and produce him to the nearest Military Unit/Formation

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

Court : Delhi

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 … said Act overrides the Companies Act, to the extent there is anything inconsistent between the Acts.‖ (Emphasis supplied) 119. The principle therefore would be that the court must look into the objectives of the two special acts.