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May 29 1975

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Decided on : May-29-1975

Subject : Criminal

Reported in : 1976CriLJ796

be no manner of doubt that the offences alleged come within the purview of Section 52 of the Army Act, 1950. Therefore, such offences could be also tried by the court martial. It is only with regard to the … the said Act, the Court Martial has no jurisdiction to try an offender governed by the Army Act, 150. When the choice is between criminal court and court martial, Section 125 of the Act is applicable. The

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Jul 27 1957

Major E.G. Barsay Vs. the State

Court : Mumbai

Decided on : Jul-27-1957

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … is concerned, it refers to three kinds of illegal acts, the first two of which would fall under Section 5(1)(c) and Section 5(1)(d) of the Prevention of Corruption Act. Under Section 5(1)(c) of the said Act, a … the conspirators or not. O'Connell and Ors. v. The Queen (1844) 6 Cl. & P. 155. Under Section 43 of the Indian Penal Code an

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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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Mar 05 2002

Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Decided on : Mar-05-2002

Subject : Service

Acts : Army Act, 1950 - Sections 20(3) and 106; Army Rules - Rule 17

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

such, he was declared deserter with effect from 2.5.1996. A Court of Inquiry was heldunder Section 106 of Army Act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of Army Act … judgment in J. C. 116244 Ex. Subedar Joginder Singh v. Union of India and Ors. (2002) 1 UPLBEC 150, in submitting that pension is earned on satisfactory completion of qualifying service subject to further condition that the

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Jul 21 1994

P. Chandra Mouly Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jul-21-1994

Subject : Criminal

Acts : Army Act, 1950 - Sections 63, 71, 109, 164 and 165; Central Civil Services (CCA) Rules

Reported in : 1994(2)Crimes1107(SC); 1994(3)SCALE640; 1994Supp(3)SCC104

sentences of imprisonment. They invoked the jurisdiction of the Central Government under Sections 164 and 165 of the Army Act, 1950 but with no success. They filed two separate writ petitions before the Gauhati High Court challenging their convictions … General Reserve Engineers Force (hereinafter referred to as the Force) were accused of having committed offences punishable under Section 63 of the Army Act under four counts, as also under Section 39(a) and 41 of the said … duty of the Confirming Authority to pass a reasoned order under Sections 150, 154 and 164 of the Act. The understanding of Sections 154, 164

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Jun 25 1996

Union of India (Uoi) and anr. Vs. Narinder Singh Mehta (Brigadier)

Court : Jammu and Kashmir

Decided on : Jun-25-1996

Subject : ConstitutionCriminal

Acts : Army Act, 1950 - Sections 63 and 164; ;Common Law Procedure Act; ;Constitution of India - Article 226; ;Constitution of Jammu and Kashmir - Section 103; ;Army Rules - Rule 22; ;Code of Civil Procedure (CPC) - Section 20 - Order 11, Rule 1

Reported in : 1997CriLJ719

charge sheet was served on him on 9-1-1994 for allegedly having committed offences Bunder Section 63 of the Army Act, 1950, hereinafter .referred to as 'the Act' and he was eventually convicted and sentenced by the GCM to (a) … constituting the violation of Duty complained of (as per Fitzgerald J.) in Macken v. Ellis, Ir Rep 8 CL 151.15. Therefore in the light of the foregoing, it is undoubtedly made clear that even a part of

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Dec 31 1996

U. K. Paints (India) Ltd. Vs. Deputy Commissioner of Income Tax.

Court : Delhi

Decided on : Dec-31-1996

Subject : Direct Taxation

Reported in : (1997)57TTJ(Del)537

s.80HHC Income Tax Act 1961 s.154 - 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

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Jul 30 2001

E.i. Ltd. and anr. Vs. Klaus Mittelbachert (Deceased) Through L.Rs.

Court : Delhi

Decided on : Jul-30-2001

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 306

Reported in : 2002ACJ549; AIR2002Delhi124; 95(2002)DLT617; 2002(62)DRJ476

by the respondents are also dismissed. - 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

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May 04 2000

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Decided on : May-04-2000

Subject : Service

Acts : Constitution of India - Articles 14, 21 and 226; Army Act, 1950 - Sections 20 and 23; Army Rules, 1954 - Rules 11, 12 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 360

Reported in : 2000VAD(Delhi)749

AND ITEM OF TABLE IN RULE 17 OF ARMY RULES 1954 READ WITH ARMY ACT SECTION 20(3) OF ARMY ACT, 1950. 1. 'Dismissed from service w.e.f. 16 July, 1991 being convicted by Hon'ble Court of Addl Sessions Judge, Bhiwani(Haryana) … dismissed from service. He may perhaps not be entitled to be heard on the question of penalty since Cl.(a) of the second proviso to Art. 311(2) makes the provisions of that article inapplicable when a penalty is

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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 … justify the use of such force under the legal provisions mentioned above.34. It is emphasized that only around 1500 militants are holding a population of about 23 lakhs in Manipur to ransom and keeping the people in

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