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Pradeepta Kumar Mohapatra Vs. Union of India (Uoi) and ors.

Court : Orissa

Subject : Constitution

Acts : Army Act, 1950 - Sections 13, 14, 16 and 17; Army Rules - Rules 8 and 13; Constitution of India - Articles 226 and 227

Reported in : 97(2004)CLT34

under the Act or was a trainee recruit as claimed by the opposite parties. Section 13 of the Army Act, 1950 prescribes procedures before enrolling officer. Section 14 provides for mode of enrolment which contemplates that if after complying

Surinder Singh Sihag Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 48, 48(2), 80 and 81; Army Rules, 1954 - Rule 13; Constitution of India - Articles 14, 21, 300A and 309

Reported in : 100(2002)DLT705; 2003(1)SLJ154(Delhi)

are as under :-(i) The show-cause notice issued by the Brigadier is contrary to the provisions of the Army Act, 1950 and the Army Rules, 1954;(ii) As the orders awarding punishment had been passed by authorities lacking inherent jurisdiction, … under :-'80. Punishments of persons other than officers, junior commissioned officers and warrant officers.-Subject to the provisions of Section 81, a commanding officer or such other officer as is, with the consent of the Central Government specified … J&K;, and HQ 1 Armour Division at Patiala, etc.2.1 On or about 13.09.1999, he was served with a show cause notice indicating the details of

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

Court : Rajasthan

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)

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

Court : Supreme Court of India

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 … the Commander, 33 Corps Artillery Brigade (respondent No.5 in the present appeal) who was competent authority under Rule 13 of the Army Rules 1954.4. The learned Single Judge allowed the writ petition inter alia on the ground

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

Court : Allahabad

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 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 of the Armed forces Tribunal Act, 2007 deals with jurisdiction, powers

Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 21, 226 and 311(2); Army Act, 1950 - Sections 20(3), 105 and 106; Army Rules, 1954 - Rules 13, 13(2), 13(3), 13(5) and 17; Army Pension Regulation, 1961 - Regulation 132; Army Regulations, 1987

Reported in : 2005(1)ESC255

copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :'105. Capture of deserters--(1) Whenever any person subject to this … 3 proposed discharge of the petitioner from service treating him in Medical Category BEE (P) under Army Rules 13-III (V), without completing proceeding for re-categorisation of the petitioner by the medical board though it was necessary on

Pratap Singh Vs. Chief of Army Staff and ors

Court : Delhi

Subject : Service

Acts : Army Act 1950 - Section 8; Army Rules - Rule 13(3)

note that vide SRO No.161 dated 11.6.1979, in exercise of the power conferred by Section 8 of the Army Act 1950 the Central Government prescribed the officers listed in the SRO with the powers under the Army Act with … petitioner requiring him to respond to the proposed action of his being discharged from service under Army Rule 13(3) Item III (4). The action was proposed on the fact that till 1997, 4 red ink entries pertaining

Gunner Mamraj Vs. the Chief of the Army Staff and ors.

Court : Delhi

Subject : Service

Acts : Army Rule - Rule 13(3); Army Act, 1950 - Sections 23

Reported in : 2001(59)DRJ247

had admittedly failed to challenge all this at the relevant time. This Appeal accordingly fails and is dismissed. Army Act, 1950 - Section 23--Discharge --Court martial proceedings --Conviction --Claimed order not passed by competent authority (Brigadier or Sub-area Commander)-- … No. A/13210/159/AG/PS 2(c) dated 28.12.1988 and to show cause why his services be not terminated under Army Rule 13(3)(v). He replied to this, but was discharged all the same vide discharge certificate dated 1.10.1994 communicated and signed

Sushilabai Vasudeo Jaeel Vs. M.S. Dillon

Court : Mumbai

Subject : Tenancy

Reported in : (1980)82BOMLR360

armed forces of the Union. For this purpose Mr. Manjrekar has drawn our attention towards the provisions of Army Act, 1911 which was subsequently repealed in 1950, as well as to the provisions of the General Clauses Act … the premises for bona fide occupation and use. Obviously, therefore, the suit was filed under the provisions of Sections 12 and 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter called the

Mir Sabir Ali Vs. Commissioner of Police, Hyderabad

Court : Andhra Pradesh

Subject : Constitution

Acts : Arms Act, 1959 - Sections 13, 14(3) and 18; Constitution of India - Articles 226 and 227; Army Act, 1950

Reported in : 1999(5)ALD123; 1999(4)ALT32

of India, : 1990CriLJ2148a , a Constitution Bench of the Supreme Court dealing with a case arising under Army Act, 1950, the question which fell for consideration before the Hon'ble Supreme Court was'Is there any general principle of law … Commissioner of Police,Hyderabad-City. To: Sri Mir Sabir Ali,R/o:H.No.22-1-611, Noorkhan Bazar, Hyderabad'3. Learned Counsel for the petitioner submits that Section 13 of the Arms Act empowers the respondent to grant licence and Section 14 deals with the conditions under