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May 04 2000

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Decided on : May-04-2000

Subject : Service

Acts : 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

Reported in : 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) … 1994. In paragraph 3 of the rejoinder, it is stated: 'That the Hon'ble Supreme Court has held that Section 12 of Probation of Offenders Act, 1958 statutorily provides that an offender who has been released on probation shall

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Mar 05 2002

Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Decided on : Mar-05-2002

Subject : Service

Acts : Army Act, 1950 - Sections 20(3) and 106; Army Rules - Rule 17

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

such, he was declared deserter with effect from 2.5.1996. A Court of Inquiry was heldunder Section 106 of Army Act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of Army Act … service in peace and as a result thereof, the petitioner was placed in Medical Category 'B' (permanent) w.e.f. 12.11.1982, as a case of 'fracture med-shaft, femur (Lt). The disability was estimated of more than 20%. Petitioner submitted

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Feb 25 2010

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-25-2010

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … to holding of offices etc. by Chairperson or member on ceasing to be such of Chairperson or member. Section 12 deals with financial and administrative powers of Chairperson and Section 13 deals with staff of the Tribunal.Chapter III

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Jul 11 2007

Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jul-11-2007

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter … order.7. The court of inquiry deliberations was held by the authority between the period commencing from 16.08.1988 and 12.12.1988. On 06.10.1988, the appellant was detained for interrogation under custody. During interrogation, the appellant made confessional statement of

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Nov 15 2002

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Decided on : Nov-15-2002

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

them. Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … We heard learned counsel for the parties in his case and in the batch of similar cases on 12th, 23rd, 29thApril and 30thApril, 7th, 9th, 14th, 16th, 21st, 27th, 29thand 31st May, 2002 when we reserved judgment.

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Mar 24 2006

Nripen Sarma Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-24-2006

Subject : Service

Commanding Officer that he would be tried by the Summary Court Martial (SCM) for the offence committed under Army Act, 1950 (Section 46A). Copies of the summary of evidence and additional summary of evidence along with the charge sheet were … recorded the following findings:ANNEXURE-IFINDINGS OF THE COURT1. Miss Sangita Singh daughter of No. 14560784P Hav Rohtash Singh of 12 R&O; fit, was admitted in 165 MH on 15 September 1997 for Bronchopneumonia. She was visited by her

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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 … connection with the outside world for a long time.19. On 25.4.1979 charge was conveyed to the appellant.20. Between 12.6.1979 and 16.6.1979 with one holiday in between, the appellant was interrogated. The interrogators did not face the appellant

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Apr 17 2002

Ex. L/Nk Rameshwar Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Apr-17-2002

Subject : Service

Acts : Army Act, 1950 - Sections 20 and 22; Army Rules, 1954 - Rules 13 and 17

Reported in : RLW2003(1)Raj216; 2002(3)WLN653; 2002(3)WLN653

to say in this regard and an action would be taken in terms of Section 20 of the Army Act, 1950 read with Rule 13 of the Army Rules, 1954 (hereinafter referred to as the Rules of 1954). (x) … to sign some blank papers which he declined and was then issued with a movement order No. 512636/A/ST 12 signed by A.K. Mathur, Major adjt. for respondent No.7 stating that the petitioner was hereby discharged locally from

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Sep 21 2016

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

Decided on : Sep-21-2016

Subject : Land Acquisition

of rules- i.e. the Military Engineer Services (Army Personnel), Regulations, 1989 hereafter ("the 1989 Regulations") framed under the Army Act, 1950 and notification bearing no. SRO. 4E dated 09.07.1991 ("the 1991 Rules") framed under proviso to Article 309 of … them. 4. In these circumstances, urge the petitioners, the 1989 regulations were framed and brought into force under Section 192 of the Army Act. It is submitted that these regulations did not in any manner seek to … to wasteful commitment of organizational resources and is causing retardation of output. 12. The respondents underline that the functioning and review of the MES have

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Feb 24 1995

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Feb-24-1995

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

was a prima facie case against these three accused persons which ought to be proceeded with under the Army Act, 1950 and that they be tried by a General Court-Martial. Signed at Dinjan this Fourth day of January, 1989.Place: … Mehtab Singh formerly JC 66136K Sub Maj Mehtab Singhof 8 JAT, and liable to trial by Court-martial under Section 123 of theArmy Act, and3. JC 127909 X Sub Kartar Singh of 8 JAT, all attached to 237 … the Second-in-Command of the above said Regiment. On June 16,1987, at about 12.50 hours two jawans of 'A' Company 8 JAT Regiment, namely, Sepoy Mahavir

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