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Dec 07 1999

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Decided on : Dec-07-1999

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Navy or Air Force when commit any offence are deait with by 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 … given an opportunity to tender explanation under Section 59 and there was disobedience of order and prosecution under Section 142 was launched. In those circumstances, the Supreme Court quashed the prosecution order on the ground that extemment order

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Dec 10 2004

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

Court : Allahabad

Decided on : Dec-10-2004

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 … the Constitution of India as also this Court under Articles 136 and 142 of the Constitution of India can pass an appropriate order which do … 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.

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Sep 30 2002

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

Court : Delhi

Decided on : Sep-30-2002

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 … to any charge. Rules 140 thereof provides for amendment of charge. Rule 142 specifies the procedures when a plea of 'Guilty' or 'Not Guilty' is … 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

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Oct 26 2004

Dhanesh Gupta and Co. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Oct-26-2004

Subject : Direct TaxationCivil

Acts : Income Tax Act, 1961 - Sections 142(2A) and 142(2D)

Reported in : (2004)192CTR(Del)612; [2005]272ITR482(Delhi)

Constitution of India, 1950, Article 226 - 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 … B.C. Patel, C.J.1. These petitions are essentially against the order made by CIT under the provisions contained in Section 142(2D) of the IT Act, 1961 (hereinafter referred to as the Act). The order was made on 16th Feb.,

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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 … to regularise the services of ad hoc appointees 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.

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Nov 13 1997

industrial Finance Corporation of India Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Nov-13-1997

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1)

Reported in : [1998]233ITR13(Delhi)

year. Income Tax Act 1961 s.36(1)(viii) - 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 … Bengal Industrial Development Corporation Ltd. (1993) 203 ITR 422 (Cal) and CIT v. Bihar State Financial Corporation (1983) 142 ITR 518 (Pat) followed. Application : Also to current assessment year. Income Tax Act 1961 s.36(1)(viii) - LABOUR

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Apr 09 2014

Union of India and Another Vs. Surinder Kumar and Another

Court : Jammu and Kashmir

Decided on : Apr-09-2014

Subject : Criminal

by the SGCM. 14. Section 3(i), (ii) and (x), section 9 with comments and section 108 of the Army Act 1950 are taken note of : 3(i) Active service, as applied to a person subject to this Act, means … not wish her evidence to be read over to her. The provisions of Army Rules 141 (2) and 142(2) are complied with. Doctor Mushtaq Ahmed Mattoo son of Shri Gulam Ahmed Mattoo resident of Srinagar being duly

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Nov 09 1983

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Nov-09-1983

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … Commercial Superintendent at his office and registered under Indian Post Office Act. It has also been provided in Section 142 of the said Act that when a notice is served by post it has to be deemed to

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Dec 21 2000

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-21-2000

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

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Jul 13 2016

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Decided on : Jul-13-2016

Subject : Land Acquisition

that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist

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