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Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … had been laid down in Chapter XI of the BSF Rules. Rule 134 of the BSF Rules provides for translation of evidence. Rule 135 thereof … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

integrated Fire Protection Pvt. Ltd. Vs. Director of Purchase Air Head ...

Court : Delhi

Subject : CommercialCustoms

Acts : Constitution of India - Article 226

Reported in : 2002(61)DRJ779; 2002(144)ELT530(Del)

the aforesaid two conditions are satisfied. - 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 … higher than the bid of respondent No.5 which was Rs.40,85,845.17. The petitioner submits that the figure of Rs.6,85, 134/- was quoted only in response to the clause in the tender and could not be construed to be

General Court Martial and ors. Vs. Col. Aniltej Singh Dhaliwal

Court : Supreme Court of India

Subject : CriminalService

Acts : Evidence Act, 1872 - Sections 94; Army Rules - Rule 182; Army Act, 1950 - Sections 133 and 134

Reported in : AIR1998SC983; 1998(1)ALD(Cri)470; 1998(1)ALT(Cri)185; 1998CriLJ1402; 1998(1)Crimes62(SC); JT1998(4)SC228; 1997(7)SCALE717; (1998)1SCC756; [1997]Supp6SCR470; (1998)1UPLBEC24

following incidents and offences will be reported :-(a) All cases of assault and affray where persons subject to Army Act are involved.(b) Breaches of discipline :-(i) Collective insubordination.(ii) Suicide, attempted or suspected suicide; (iii) Murder or an attempt … on error that document was inadmissible in evidence.HELD See paras 11 to 13. - INDIAN EVIDENCE ACT, 1872 Section 3: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Appreciation of evidence - Murder Witness giving priority to giving medical aid to

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

Union of India and ors. Vs. Shyam Kumar

Court : Delhi

Subject : Service

Acts : defense Services Regulations, 1962 - Regulations 4

Reported in : 1982(3)DRJ225b; ILR1982Delhi927

exhausted the remedy of a representation to the Coas and the statutory complaint under Section 27 of the Army Act, 1950 (hereinafter called the Act), Col. Kumar filed a petition in this Court under Article 226 of the Constitution … S.S. Chadha, J.(1) These two appeals L.P.As. 172 and 134 of 1981) under Clause X of the Letters Patent are directed against the judgment dated May 29. 1981

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 … 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 … the Mysore Religious and Charitable Institutions Act, 1927; the Hyderabad Endowment Regulations, 1349-F; the Renuka Yellamma Devasthana (Administration) Act, 1974; the Coorg Temples Fund Management

N. Sivasubramanian Versus Government of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

that General Court Martial could not be conducted since the same is barred under Section 122 of the Army Act, 1950. The delay would vitiate proceedings. The petitioner would place his reliance on the following dictums: i) AIR 1990 … two months. The petitioner was posted as Garrison Engineer under the control of Commander Works Engineer (Head Quarters, 134, C.W.E., C/o 56APO 3) at Jodhpur in October, 1984. There were five Assistant Garrison Engineers and one Barrack

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

Government did not extend the provisions of the Act to other States. On 25 March 1971, the Pakistani Army launched Operation Search Light to curb the Bengali nationalist movement in East Pakistan.130 The migrants before the operation … because of civil disturbance caused due to the political instability in the 80 The Immigrants (Expulsion from Assam) Act 1950; Section 2 81 The Immigrants (Expulsion from Assam) Act 1950; proviso to Section 2 Page 43 of 94 PART … six other instances in the Constitution. In one of the instances (Article 1347), the phrase takes the meaning of diverge or depart. In all the

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

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 … case of Union of India Vs. Maj Gen Madanlal (AIR 1996 SC 1340), the Apex Court held that trial commences the moment the General Court

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 32 and 33; Code of Criminal Procedure (CrPC) ; Army Act, 1950 - Sections 109, 154 to 156, 164(1), 191, 192 and 193; Army Rules, 1954 - Rules 22 to 25, 28 to 32, 62, 65, 77(1), 95 to 101 and 191 to 193; Evidence Act, 1872; Army Regulations, 1987

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

relevant provisions of the Army Act and the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and the corresponding sections are from 34 … submissions it becomes necessary to state few more facts and then refer to the relevant provisions of the Army Act and Rules.5. The petitioner became a Commissioned Officer of the Army on 30th April, 1972. On 30th April, … and the permission is within the discretion of the convening officer. Rules 134 to 143 contain general provisions regarding the witnesses and evidence. Chapter VI … and VII deal with the offences and punishment's respectively and the corresponding sections are from 34 to 89. Chapter X provides for convening of court-martial