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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 … Minister, the defense Secretary and also the Chief of Army Staff for the annulment of the proceedings under Section 165 of the Army Act, 1950.126. On 17.10.1995 the writ petition was presented in this Court praying for the

Union of India (Uoi) and ors. Vs. Ranbir Singh Rathaur and ors. Etc. E ...

Court : Supreme Court of India

Subject : Civil

Acts : Army Act, 1950 - Sections 18, 69 and 165; Official Secrets Act, 1923 - Sections 3(1); Army Rules; Constitution of India - Articles 14, 32 and 310

Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696

other appropriate Writ, Order or direction, inter alia commanding the Respondent Nos. 1 and 2 in accordance with Section 165 of the Army Act, 1950 to annul the proceedings of the General Court Martial affecting the petitioner as … were initiated. However, a decision was taken not to try them and administrative order under Section 18 of Army Act, 1950 (in short the 'Act') was passed terminating their services.4. Present appeals relate to the 2 officers punished by

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … pay and pension. On 24.9.1979 the Chief of the Army Staff in exercise of the power conferred by Section 165 annulled the GCM proceedings on the ground that the proceedings were unjust. On 20.12.1979, a show cause notice

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 … Court Martial was confirmed so far as the petitioner was concerned. The petitioner thereafter filed an appeal under Section 165 of the Army Act to the Central Government but the appeal was dismissed.4. The first question to be

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

Court : Supreme Court of India

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 … of the Act. The understanding of Sections 154, 164 of the Act would govern the role assigned under Section 165 of the Act. These provisions do not specifically require any speaking order to be passed. The learned Single

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

Court : Supreme Court of India

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

Government had also not given any reasons while dismissing the appeal of the petitioner in that case under Section 165 of the Army Act, 1950. The Court took the view that while Section 162 of the Army Act … 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

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

them. Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … a Non-Combatant (Enrolled) or more of qualifying service, the special pension admissible, under Regulation 167 read with Regulation 165 shall be granted from that date.'48. The main controversy, so far as this batch of cases is concerned,

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Subject : ServiceCivil

Acts : Army Act, 1950 - Sections 39, 48, 69, 120(2), 147, and 165; Army Rules, 1954 - Rules 22, 33, 34, 129 and 147; Constitution of India - Article 226

Reported in : (2004)1UPLBEC266

jail, on 1.3.1993 the petitioner challenged the order of the Summary Court Martial by filing a petition under Section 165 of the Army Act with a prayer that the proceedings of the Summary Court Martial may be annulled. … 6.7.1992 and the three charges framed against him were as follows :* First under Section 69 of the Army Act for committing civil offence, that is to say using force on a woman with intent to outrage her … provisions of the Army Act and Rules may be reproduced below:--The Army, 1950--'Section 120. Powers of Summary Courts Martial.--(1) Subject to the provisions of Sub-section

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Subject : Land Acquisition

rejected such representation. 3. On 29.8.2000 the petitioner filed an application under Section 164 and 165 of the Army Act 1950 before the Chief of the Army Staff, New Delhi. In the said application the petitioner categorically mentioned that

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