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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 … upon the same. A review application was also dismissed on 5.2.1997, against which petitioner filed Special Appeal Nos. 132 of 1997 and 154 of 1997. The appellate court held that the petitioner was discharged vide discharge order

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Oct 01 2004

Veer Bhan (Sepoy) Vs. the Chief of the Army Staff and anr.

Court : Delhi

Decided on : Oct-01-2004

Subject : CivilService

Acts : Army Act, 1950 - Sections 52, 115, 161 and 162; Army Rules, 1954 - Rules 2A, 33, 33(7), 34, 70, 115(2), 132 and 147; Constitution of India - Article 21

Reported in : 114(2004)DLT667

dated 11th July, 1994 whereby the petitioner was found guilty of the charge under Section 52(b) of the Army Act, 1950 and was sentenced to rigorous imprisonment of four months and dismissal from service.2. The petitioner joined the Indian … the Summary Court Martial was not required to be confirmed as per Section 161 of the Army Rule 132. The respondents were justified in forthwith executing the sentence and that no fault could be found on the

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Sep 17 2004

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

Court : Allahabad

Decided on : Sep-17-2004

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 … D.K. Seth'.The review application by the petitioner was also dismissed on 5.2.1997 giving rise to Special Appeal Nos. 132 of 1997 and 154 of 1997. These appeals were presented in the Registry on 19th May, 1995, i.e.,

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Jan 25 2008

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jan-25-2008

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged that … guilty to a service offence; (e) Section 253 spells out the duties of the Summary Appeal Court; (f) Section 132 prescribes the powers of punishment imposable by the CO which includes detention up to 90 days, reduction in

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Dec 15 2004

Ram Singh Yadav Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Dec-15-2004

Subject : Service

Acts : Central Civil Services (Pension) Rules; Army Rules - Rules 13, 17 and 22

Reported in : 116(2005)DLT486; 2006(2)SLJ112(Delhi)

entitled to grant of any pension. - 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 … raised before us.7. The petitioner had completed 10 years and 258 days of service in the Army. Regulation 132 of the Pension Regulations for the Army clearly provides that the minimum qualifying colour service for earning service

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Sep 25 1998

Madan Lal Vs. Union of India and anr.

Court : Delhi

Decided on : Sep-25-1998

Subject : Service

Acts : Army Act, 1950 - Sections 71, 72 and 73

Reported in : 1998VIIAD(Delhi)65; 4(1998)CLT368; 75(1998)DLT750

been framed to meet the situation coming within the purview of Sections 71, 72 and 73 of the Army Act, 1950. Section 71 of the Army Act, 1950 deals with the punishment awardable by Court-Martial. The provision reads as under: … upon the judgment of the Supreme Court in G.S. Sodhi's case. The learned Judge had referred to Regulation 132 which provided for the minimum qualifying colour service for earning a service pension to be 15 years and

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Sep 14 2005

Naushad Khan Vs. Deputy Commissioner of Customs

Court : Delhi

Decided on : Sep-14-2005

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 132 and 135(1)

Reported in : 123(2005)DLT602; 2005(84)DRJ280; 2006(194)ELT22(Del)

increasing the fine to Rs. 20,000/-. - 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 … May, 2003 and order on sentence dated 31st May, 2003 holding the Petitioner guilty under Section 135(1)(a) and Section 132 of the Customs Act, 1962 2. It is contended by Counsel for the Petitioner that the Appellate Court

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Nov 25 2004

Ashok Kumar Aggarwal Vs. Director (Grievance Cell) Central Board of Di ...

Court : Delhi

Decided on : Nov-25-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132, 132(5), 132(11) and 226(5)

Reported in : (2005)198CTR(Del)185

on ground of delay and laches. - 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 … seized by the Income Tax authorities on 4.4.1984. In view of this seizure and the provisions contained in Section 132 of the Income Tax Act,1961 (hereinafter to be referred as ''the Act''), an order was made under Section

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Apr 01 2003

Sadhana JaIn Vs. P. Sudhir

Court : Delhi

Decided on : Apr-01-2003

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Customs Act, 1962 - Sections 132 and 135(1); Constitution of India - Article 20(2)

Reported in : 2004(76)DRJ15; 2004(173)ELT231(Del)

quashed--Customs Act, Section 135 & 132. - 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

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Nov 18 2003

Friends Overseas (P) Ltd. Vs. Commissioner of Income Tax-iv

Court : Delhi

Decided on : Nov-18-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132, 132A, 158B, 158BA, 158BB, 158BC, 158BD, 254(2) and 260A; Finance Act, 1995

Reported in : (2004)188CTR(Del)277; 109(2004)DLT811; 2004(73)DRJ95; [2004]269ITR268(Delhi)

law exists to entertain the petition. - 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 … is engaged in the exports of handicrafts goods. On 17 November 1995 a search and seizure operation under Section 132 of the Act took place at the business premises of the assessed and the residences of its directors.

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