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Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431

substance in the complaint, suitable action has been taken against the person concerned under the provisions of the Army Act. The learned Attorney General has placed before us instructions in the form of a list of 'Do's and … punishable under Sections 41, 42(e), 63 and 64(f) of the Army Act, 1950.61. In State of Uttar Pradesh v. Chandra Mohan Nigam and Ors. : … injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.Section 131. Power to certain armed force officer to disperse assembly.- When the public security is manifestly endangered by any

Sk. AllauddIn Vs. the Union of India and ors.

Court : Kolkata

Subject : Service

Acts : Army Act, 1950 - Sections 20, 20(3), 38, 39, 50, 71 and 73 - Schedule - Army Rule 131;; Constitution of India - Article 226;

Reported in : (2001)1CALLT514(HC),[2001(90)FLR134]

Battalion of the Rajput Regiment. Being aggrieved by the said sentence, the petitioner filed an appeal under the Army Act 1950 to the General Officer, Commanding-in-Chief (GOC-In-C) Easter Command and after due consideration It was rejected by an Order … Officer Commanding and it was duly promulgated in accordance with Army Rule 131. It was also clarified that the proceedings of the Summary Court Martial … being passed by a Colonel it cannot be acted upon inasmuch as a Colonel has no authority under section 20 of the Army Act to issue any order of dismissal.6. In support of the first submission the

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Subject : Land Acquisition

rejected such representation. 3. On 29.8.2000 the petitioner filed an application under Section 164 and 165 of the Army Act 1950 before the Chief of the Army Staff, New Delhi. In the said application the petitioner categorically mentioned that … for the accused / applicant is thus not accepted. 7. The accused has claimed that the provision of Section 131 of the Army Act regarding the taking of oath or affirmation in the prescribed manner was not followed.

Kulwant Singh (Nk.) S/O Sardar Sadhu Singh and ors. Vs. Union of India ...

Court : Madhya Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 33, 226, 227 and 227(4); Army Act, 1950 - Sections 37, 38, 109, 130, 131; Army Rules, 1954 - Sections 39(2), 41, 44, 45, 48 and 95(2); Military Law; Evidence Act - Sections 154

Reported in : 1991(0)MPLJ985

for alleged offences said to have been committed by them Under Sections 37(c), 38(1) and 63 of the Army Act, 1950 (hereinafter referred to as 'the Act').4. In the Sikh Regiment Centre at Ramgarh on 10-6-1984 soldiers waged a … of the petitioners in Court Martial proceedings for alleged offences said to have been committed by them Under Sections 37(c), 38(1) and 63 of the Army Act, 1950 (hereinafter referred to as 'the Act').4. In the Sikh

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Service

Acts : Pay and Allowance Regulation Rules, 1955 - Rule 51; Army Rules, 1954 - Rules 178 and 179; Army Act, 1950 - Sections 34, 38, 39, 80, 91 and 92; Constitution of India - Articles 226 and 311(2); Army Pension Regulations, 1961 - Regulations 173, 186, 187 and 189; Army Regulations - Regulations 178 to 187 and 196 to 200; Defence Services Regulations - Regulations 51 and 123; Civil Services Regulations

Reported in : (2006)144PLR97

are extracted below the facility of reference:Regulation 51: FORFEITURE OF PAY AND ALLOWANCES51. A person, subject to the Army Act, 1950 will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in Section 92 of

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

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

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 … any enactment, a power to issue notifications, orders, rules or bye-laws - 131 - is conferred, then that power includes a power, exercisable in the … 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

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 … again discharged from service w.e.f. 31.7.1996 vide order dated 14.8.1995. The petitioner preferred Civil Misc. Writ Petition No. 13165 of 1996 wherein he challenged the validity of the order dated 14.8.1995 discharging him w.e.f. 31.7.1996 basically on

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

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

Rajan M (Ex. Nk-10289856 Y) vs Union of India

Court : Kerala

treated as a "Corps" under Rule 187(1)(r) of the Army Rules, 1954, read with Section 3(vi) of the Army Act, 1950. Further the same pensionary provisions as applicable to the three defence services are applicable to the DSC and … 60 of 2013 decided on 07.11.2013) and the kochi Bench in Mohanan T v. Union of India(O.A No. 131 of 2017 decided on 12.10.2017). The letters purportedly amending the relevant provisions have also beenheld contrary to law