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Aug 22 2006

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-22-2006

Subject : Constitution

Acts : Representation of People Act, 1950 - Sections 13D, 14 to 24 and 30; Representation of People (Amendment) Act, 1951 - Sections 2, 2(1), 3, 3(2), 4, 5, 6, 16, 29A to 29C, 59, 62(4), 64(4), 93, 94, 95, 100(1), 128 and 128(1) - Schedule - Articles 171 and 173; Representation of People (Amendment) Act, 2003 - Sections 3; Constitution of India (Seventh Amendment) Act, 1956; Army Act, 1950; Government of India Act, 1915; Government of India (Amendment) Act, 1919; Government of India (Amendment) Act, 1935; Administrative Tribunal Act, 1985 - Sections 28; Mines and Minerals (Regulation and Development) Act - Sections 15; Constitution of India (Thirty Sixth Amendment) Act, 1975; Goa, Daman and Diu Reorganisation Act, 1987; Constitution of India (Seventh Amendment) Act, 1951; Constitution o

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

the armed forces of the Union; orbeing 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; orbeing a member of an armed … a basic structure of the Constitution.In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballet System is introduced which, according

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May 03 2000

CaptaIn P.K. Rekwal Vs. State of M.P.

Court : Madhya Pradesh

Decided on : May-03-2000

Subject : CriminalFood Adulteration

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 397, 401, 475, 482 and 549; Army Act, 1950 - Sections 125 and 26; Criminal Courts and Court-Marital (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Indian Penal Code (IPC), 1860 - Sections 128-B and 420; Prevention of Corruption Act, 1988 - Section13(1) and (2); Prevention of Food Adulteration Act, 1954 - Sections 7(16); Code of Criminal Procedure (CrPC) , 1898 - Sections 192, 213, 243, 244, 245, 247, 248 and 254

Reported in : 2001(1)MPHT72

the stages of framing of charges.16. Criminal Revision allowed. Criminal - Notice - Sections 125 and 126 of Army Act 1950 and Rules 3 and 4 of Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 - Petitioners were … ORDERS.S. Saraf, J. 1. This Criminal Revision filed under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure and other three Criminal Revisions

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Sep 20 2004

Lt. R.S. Rebecamma, Ex.Mns Vs. Zilla Sainik Welfare Officer and ors.

Court : Andhra Pradesh

Decided on : Sep-20-2004

Subject : Service

Acts : Army Act, 1950 - Sections 3; Army Rules - Rule 3; Military Nursing Services (India) Rules

Reported in : 2004(6)ALD329; 2004(6)ALT649

Army Act would apply to Army Nursing Services depends on the fact situation. Nonetheless, Section 3 of the Army Act, 1950 is applicable. Therefore, it is necessary to refer the expressions 'Junior Commissioned Officer', 'Non-Commissioned Officer', 'Officer', 'Superior Officer', … who submitted assignment proposals in favour of the petitioner in respect of the land admeasuring Acs.3.50 in S.No. 128 of Mamidalapadu Village of Kurnool District. As the land was classified as Kurnool - Kadapa Canal (KC Canal),

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Feb 19 2001

Union of India and Another Vs. Major Singh and Chander Pal Singh

Court : Delhi

Decided on : Feb-19-2001

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 10, 11, 19, 48 and 117(2) and 128; Constitution of India - Article 226; Army Act, 1950 - Sections 71, 164(2) and 179 - Rule 22

Reported in : 2001IIIAD(Delhi)376; 2001(58)DRJ282

be appreciated. 15. Learned counsel for the appellants, Ms.Anjana Gosain has placed reliance on the provisions of the Army Act and the rules framed there under. To strengthen her submission she submitted that these provisions of the Army … were to confine only to the punishments enumerated under Section 48, then there was no need for incorporating Section 128 of the Act. Section 128 of the Act reads as under:-128. Pardon and remission: When any person subject

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Aug 28 1990

S.N. Mukherjee Vs. Union of Inida

Court : Supreme Court of India

Decided on : Aug-28-1990

Subject : Constitution

Acts : Constitution of India - Articles 32, 33, 136, 226, 227; Army Act, 1950 - Sections 52, 63, 108, 128 to 152, 153, 162, 164 and 165; Army Rules, 1954 - Rules 37 to 105 and 147; Federal Administrative Procedure Act, 1946 - Sections 8; Tribunals and Enquiries Act, 1958 - Sections 12; Statutory Powers Procedure Act, 1971; Commonwealth Administrative Decisions (Judicial Review) Act, 1977 - Sections 13; Commonwealth Administrative Appeals Tribunal Act, 1975 - Sections 28 and 37; Companies Act, 1956 - Sections 111 (3); Mineral Concession Rules, 1960 - Rules 54 and 55; Arbitration Act, 1940; Tribunals and Enquiries (Amendment) Act, 1971; Statutory Powers Procedure (Amendment) Act, 1980; Mines and Minerals (Regulations and Development) Act, 1957 - Sections 30; Uttar Pradesh Sugar Dealers' L

Reported in : AIR1990SC1984; 1990CriLJ2148a; JT1990(3)SC630; (1990)4SCC594; [1990]Supp1SCR44; 1991(1)SLJ1(SC); (1990)3UPLBEC2093

1980, passed by the Central Government dismissing the petition filed by the appellant Under Section 164(2) of the Army Act, 1950 (hereinafter referred to as 'the Act').2. The appellant held a permanent commission, as an officer, in the regular … (c) summary general courts-martial and (d) summary courts-martial. The procedure of court-martial is prescribed in Chapter XI (Sections 128 to 152) of the Act. Section 129 prescribes that every general court-martial shall, and every district or summary

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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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Jul 16 2010

indeevarakshan Nair M.P. and Others (Ex. No.13875382 Rect), Kerala Ver ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Decided on : Jul-16-2010

Subject : Land Acquisition

to Persons Below Officer Rank ('PBOR') as petitioners in these cases are PBORs. 8. Section 191 of the Army Act, 1950 empowers the Central Government to make rules for the purpose of carrying into effect the provisions of that … of India v. Dhir Singh China, Colonel (Retd.), (2003) 2 SCC 382, C.D.A.(Pension) v. Balachandran Nair,(2005) 13 SCC 128, Union of India v. Keshar Singh, (2007) 12 SCC 675, Union of India v. Surinder Singh Rathore (2008)

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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 … Committee of Inquiry and Anr., reported in (1989) 1 SCC 494, too. 128. In the case of Ranjit Thakur v. Union of India and Ors.,

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Aug 10 2018

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

Decided on : Aug-10-2018

Subject : Land Acquisition

on Union of India vs. Charanjit S.Gill [(2000)5 SCC742, wherein the Hon’ble Supreme Court while dealing with the Army Act, 1950 and Court Martial thereunder observed that “notes” had been issued by the authorities of the armed forces for … received assent of the President of India on 25/10/2001 and was enforced in the State from 01/05/2003. Under Section 78 of the said Act, the Religious Endowments Act, 1863; The Charitable Endowments Act, 1890 and the Charitable … HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION No.30609/2008 (GM-R/C) C/W W.A.Nos.1477/2008 & 1286-1310/2011 (GM-R/C), W.P.Nos.11734/2008 (GM-R/C-PIL), 12612/2008 (GM-R/C-PIL), 14097/2008 (GM-R/C-PIL), 31026/2008 (GM-R/C), W.A.No.6121/2010 (GM-R/C), W.P.No.60096/2010

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Oct 30 2012

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

Decided on : Oct-30-2012

Subject : Criminal

Acts : Army Act, 1950 - Sections 39(a), 116, 191, 71; Army Rules, 1954 - Rules 31, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 39

On 03.08.2001, Col. A.S. Sehrawat, Commandant, under his signature served a charge sheet under Section 39(a) of the Army Act, 1950 (for short, 'Army Act') on the respondent for the absence without leave for 808 days. The Commandant constituted

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