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Feb 16 2010

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Decided on : Feb-16-2010

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … Central Government, the Director General or the prescribed officer may pass such order thereon, as it/he thinks fit. Section 141 of the Act provides for the power to make rules, under which the Central Government may make rules

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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 … Section 129 the CO must afford the accused the opportunity of electing a trial by Court Martial; (c) Section 141 recognizes the right of an appeal in respect of a charge which has been heard summarily to the

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Apr 25 1995

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Apr-25-1995

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 46, 47, 47(1), 80, 81 and 141(2); Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC) - Sections 307, 323 and 452; Border Security Force Rules, 1969 - Rules 41, 41(1) and 42; Code of Criminal Procedure (CrPC) , 1974 - Sections 192, 439 and 475; Criminal Courts and Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 2, 3, 4, 5, 6 and 8; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Constitution of India; Air Force Law

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

to be tried by Court-martial. (1) The Central Government may make rules, consistent with this Code and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed … F. Act.12. The Central Government in exercise of the powers conferred by Clause (k) of Sub-section (2) of Section 141 of the Act has made the Criminal Courts and Border Security Force Courts (Adjustment of Jurisdiction) Rules 1969

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Sep 21 2016

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

Decided on : Sep-21-2016

Subject : Land Acquisition

of rules- i.e. the Military Engineer Services (Army Personnel), Regulations, 1989 hereafter ("the 1989 Regulations") framed under the Army Act, 1950 and notification bearing no. SRO. 4E dated 09.07.1991 ("the 1991 Rules") framed under proviso to Article 309 of … them. 4. In these circumstances, urge the petitioners, the 1989 regulations were framed and brought into force under Section 192 of the Army Act. It is submitted that these regulations did not in any manner seek to … as civilian officers)/total cadre) were: Chief Engineer -17/44; Additional Chief Engineer-27/93; SE 141/282; EE 445/890; Asst. EE 249/497. 6. The Central Government, by MoD's notification

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Jul 31 2008

Jayshree Khemka and anr. Vs. Prema Kanodia

Court : Delhi

Decided on : Jul-31-2008

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 141(2); Companies Act, 1956; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : IV(2008)BC357; 2008(106)DRJ809

order against the petitioners quashed--Petition allowed. - 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 … the company at the time of issuance of the impugned cheque and therefore, cannot be made liable under Section 141 of the N.I. Act. It is also pleaded that the petitioners are neither signatories to the cheque nor

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Dec 02 2004

His Holiness Shamar Rimpoche Vs. Lea Terhune and ors.

Court : Delhi

Decided on : Dec-02-2004

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 21 and 141

Reported in : AIR2005Delhi167; 2005(79)DRJ465

be continued in favor of petitioner. - 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 … since the law laid down by the Hon'ble Supreme Court binds all courts in India as per Article 141 of the Constitution of India. 11. In my view as contended by Shri Chandhiok, learned Senior Counsel for

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Jul 05 2011

Justice P.D. Dinakaran Vs. Hon'Ble Judges Inquiry Committee

Court : Supreme Court of India

Decided on : Jul-05-2011

Subject : Constitution

Acts : The Judges (Inquiry) Act 1968 - Sections 3, 4, 5, 6; The Army Act 1950 - Section 130; The Code of the Bengal Money Lenders Act 1940 - Section 35; Constitution of India - Articles 14, 21, 32, 121, 141, 124, 216, 217, 317, 100, 105, 118, 218, 316

his dismissal from service on the ground of violation of the provision contained in Section 130 of the Army Act, 1950. The facts of that case were that the appellant, who was already serving sentence of 28 days rigorous … by the majority should be treated as declaration of law by this Court for the purpose of Article 141 of the Constitution and the same is binding. 14. Shri U.U. Lalit, learned senior counsel appearing for respondent

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Aug 07 2002

Cdr. Shekhar Singh and Arun Anand Vs. Mr. N.K. Wahi S/O Sh. Nathu Ram ...

Court : Delhi

Decided on : Aug-07-2002

Subject : CriminalCommercial

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 141(1); Code of Criminal Procedure (CrPC) - Sections 482; Companies Act, 1956

Reported in : [2003]113CompCas293(Delhi)

and averments lacking in this regard. - 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 … facts are that respondent Shri N. K. Wahi had presented a criminal complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 in the court of the Metropolitan Magistrate, New Delhi. It had been

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Oct 15 2004

Union of India (Uoi) and anr. Vs. B.L. Sharma and ors.

Court : Delhi

Decided on : Oct-15-2004

Subject : Service

Acts : Constitution of India - Articles 141 and 142

Reported in : 2005(79)DRJ722

- Order of Tribunal set aside. - 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 … in peculiar facts and circumstances of those cases under Article 142 without laying down any ratio under Article 141 of the Constitution.14. In Direct Recruit Class-II Engineering Officers v. State of Maharashtra : [1990]2SCR900 , which has

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Aug 22 2000

A.K. Goenka Vs. State and anr.

Court : Delhi

Decided on : Aug-22-2000

Subject : Banking

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 141

Reported in : 2000(56)DRJ596

are personally liable to be prosecuted. - 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 … of business of the company at that time, thereforee, could not be prosecuted under the deeming provision in Section 141 of the Act.5. On the other hand, learned counsel for the respondent has contended that after an offence

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