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Shish Ram Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution Of India - Article 136; Army Act, 1950 - Section 20(3); Pension Regulations, 1961 - Regulation 113 (a)

Reported in : 2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167

the appellant from service is the brigade commander and this should be clear from Section 20(3) of the Army Act, 1950. He submitted that the appellant has in fact been dismissed by the brigade commander. Regarding pension, he submitted … 1. This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 22.11.2004 of the Delhi High Court in Writ Petition (Civil) No.5580

Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

Army, Navy or Air Force when commit any offence are dealt with the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … Martial for the commission of offence of murder of Lance Nk. Partap Singh.4. The petitioner was chargesheeted under Section 69 of the Army Act for committing a civil offence under Section 302 of the Ranbir Penal Code. … was open to challenge uner Article 32 or 226 but not Article 136 or 227 of the Constitution of India. In Union of India v.

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, … of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in Clause (1);(e) … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the

Fram Nusservanji Balsara Vs. State of Bombay and anr.

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 2(22), 13(1), 14, 19(1), 22(2), 37, 47 and 226; Bombay Prohibition Act, 1949 - Sections 1, 12 to 17, 23, 24(1), 39, 40, 40(1), 52, 53, 136(1), 136(2) and 139; Government of India Act, 1935 - Sections 297(1); Bombay Foreign Liquor Rules - Rule 67; Specific Relief Act - Sections 46

Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

Matched in: Citation AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 3, 13, 14, 15, 16,17, 20, 21, 30, 34, 35, 39 and 46; Indian Contract Act, 1872 - Sections 28; Madras Regulation Act; Limitation Act, 1963 - Article 119; National Health Service Act, 1946; Tribunals and Inquiries Act, 1958 - Sections 12; Mines & Minerals (Regulation and Development) Act, 1957; Constitution of India - Articles 136, 226 and 227; Industrial Disputes Act, 1947 - Sections 10A; Bengal Reulation Act; Indian Arbitraton Act, 1899 - Sections 30; Code of Civil Procedure (CPC) , 1908; Army Act, 1950 - Sections 164 and 165

Reported in : [1989]3SCR144

is manifest that there is no express obligation imposed by Section 164 or by Section 165 of the Army Act on the confirming authority or upon the Central Government to give reasons in support of its decision to … arbitrator to state his award in the form of a special case under Section 21 of the Arbitration Act, 1950. It is submitted that the provision with regard to the statement of the case by an arbitrator to … 210 Report, has observed as follows (Public Accounts Committee-197-76, 210th Report, page 136, para 5.17):Incidentally, the Committee also find that under the Arbitration Act, the

Ex-capt. Ashwani Kumar Katoch Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 19; Army Rules, 1954 - Rule 14; Constitution Of India - Article 136

Reported in : 1995Supp(4)SCC715

then Law Minister wherein he made allegations against his superiors. Regulation 557 of the Regulations framed under the Army Act, 1950 provides as under :“557. Correspondence with High Officials.- In no circumstances will officers, JCOs, WOs, OR or NCs … order that the present appeal by special leave is preferred under Article 136 of the Constitution.6. The appellant argued his appeal in person and took … purpose reads as under :“14. (1) When it is proposed to terminate the service of an officer under Section 19 on account of misconduct, he shall be given an opportunity to show cause in the manner specified

Abhimanyu Vs. The Union of India and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

maintained. Writ Petition is disposed of in the above terms. No costs. Constitution of India, 1950 Article 226 Army Act, 1950 Section 44 Section 164 Conviction and dismissal Petitioner challenged validity of order of conviction and dismissal in Summary Court … of armed forces under Article 33 of the Constitution. The appellate jurisdiction of the Apex Court under Article 136 of the Constitution has been excluded in relation to judgments under the Army Act. Similarly the supervisory jurisdiction

Radhey Shyam Mishra Vs. State of U.P. and ors.

Court : Allahabad

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 2A, 2K, 4K, 10, 10(1), and 12(5); Industrial Disputes Act, 1947 - Sections 11; Constitution of India - Articles 136, 142, 226 and 227; Army Act, 1950; Navy (Discipline) Act, 1934; Payment of Gratuity Act; Foreman and Accountant Cadre Employees Service Rules

Reported in : 2005(1)ESC188; (2005)2UPLBEC1181

retrenchment has led to that dispute, but does not include any such person--(i) Who is subject to the Army Act, 1950 or the Navy (Discipline) Act, 1934 ; or(ii) Who is employed in the police service or as an … 226 of the Constitution of India as also this Court under Articles 136 and 142 of the Constitution of India can pass an appropriate order … the employers for settlement of dispute, he received no response and as such, he moved an application under Section 2-A of the Act before the Conciliation Officer/Deputy Labour Commissioner, Agra Region, Agra on 20.9.2001.3. The employers-Respondent No.

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … of the Army Act and particularly, to Section 135 of the Army Act as well as Rules 34, 136 and 137 of the Army Rules, which read as follows:Section 135. Summoning witnesses(1) The convening officer, the presiding

S.N. Mukherjee Vs. Union of Inida

Court : Supreme Court of India

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 … judicial powers and the exercise of that power is subject to the jurisdiction of this Court under Article 136 of the Constitution we fail to see how the power of this Court can be effectively exercised if