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Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … case. On the contrary, the finding of the CourtMartial is justified in view of the language of Section 139(6) of theArmy Act which states :--'139. (6) A person charged before a court-martial with an offence punishable under

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 … review. The respondents had claimed privilege for production of documents.62. We shall now consider the facts in LPA 139/87.63. The appellant was commissioned as 2nd Lt. in the Indian Army. He is a Graduate in Engineering. According

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

petition of the petitioner was required to record reasons. The Supreme Court after discussing the scheme of the Army Act, 1950 and the Rules framed thereunder came, to the conclusion that under Section 162 of the said Act reasons … to furnish the return of his total income which he was required to furnish under Sub-section (1) of Section 139 or by notice given under Sub-section (2) of Section 30 or Section 148 or has without reasonable cause

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 … the accused to call witnesses to prove the same.(7) In any case where the Court is empowered by section 139 to find the accused guilty of an offence other than that charged, or guilty of committing an offence

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 … and he shall be required to plead separately to each charge.' Rule 139 of the BSF Rules, an accused is entitled to object to any … 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

Madan Lal Vs. Union of India and anr.

Court : Delhi

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: … for the minimum qualifying colour service for earning a service pension to be 15 years and gratuity. Regulation 139 provided that minimum qualifying colour service to be 5 years. The learned Judge had also referred to the

M. Chinnapaiyan Versus Air Officer Commanding / Officiating Group and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

the date of submission. But there was no reply to the letter written by the petitioner to the Army Officer Commanding in Chief. On the other hand two policemen belong to Indian Air Force and two constables … copy marked to the Air Officer Commanding in Chief, Nagpur. As per Section 26 of the Air Force Act, 1950, read with AFO 397/72 Para 621 the grievances set out by the petitioner ought to have been dealt … passing of the Armed Forces Tribunal Act 2007 and reassigned T.A.Nos.138 and 139 of 2009 respectively. 2. The short facts in the affidavit to the

Rajender Kumar Garg Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (2000)67TTJ(Del)347

Ram Swarup, V.P. & Ravinder, A.M. - 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 … voluntarily stated the sale consideration at Rs. 38 lakhs at the time of search and the return under section 139(1) was also filed declaring the same amount as full value of the consideration.3. It was contended by the

Ashok Mfg. Co. (P) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (2000)158CTR(Del)273

Arun Kumar & D.K. Jain, JJ. - 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 … Similarly, the question as to whether an appeal can be taken against an order levying penal interest under section 139 of the Act came up for consideration before this Court in CIT v. Mahabir Parshad & Sons :

Misra Hospital and Nursing Home Pvt. Ltd. Vs. Assistant Commissioner o ...

Court : Delhi

Subject : Direct Taxation

Reported in : (1995)52TTJ(Del)694

7-4-1995ì Income Tax Act 1961 s.139 - 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