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M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

Staff dated 28.5.1999, rejecting the statutory petition dated 4.4.1998. The counsel for the petitioner has complained violation of Section 169(3) of Army Act, 1950 and Rule 203 of the Army Rules, 1954, Section 169 of the Act provides … three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998.

Ajit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 5 and 428; Army Act, 1950 - Sections 2, 167 and 169

Reported in : AIR1988SC283; 1988(36)BLJR571; 1988CriLJ417; 1988(1)Crimes207(SC); JT1987(4)SC462; 1988(1)KLT230(SC); 1987(2)SCALE1113; 1987Supp(1)SCC493; [1988]2SCR40; 1988(2)SLJ1(SC); 19

K. Jagannatha Shetty, J.1. The petitioners have been convicted and sentenced by the General Court Martial under the Army Act, 1950. They have been lodged in civil jails. They seek a set off of their pre-trial detention against the … a set off of their pre-trial detention against the sentence of imprisonment. The claim has been made under Section 428 of the CrPC ('The Code'). The jail and the army authorities have rejected their claim.2. If Section … been lodged in the civil prisons by an order made under Section 169(1) of the Army Act. Section 169(1) provides:Whenever any sentence of imprisonment is

M. Chenchu Rami Reddy Vs. General Court Martial of Ex-army Eme Centre ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Army Act, 1950 - Sections 169A; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 428

Reported in : 1994(2)ALT68; 1994(2)ALT(Cri)103

petition.2. The learned Counsel for the petitioner submitted that subsequent to the filing of the writ petition, the Army Act, 1950 was amended by inserting Section 169A of Army (Amendment) Act, 1992 and in accordance with the said provision, … that subsequent to the filing of the writ petition, the Army Act, 1950 was amended by inserting Section 169A of Army (Amendment) Act, 1992 and in accordance with the said provision, the period during which the petitioner

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

or he thinks fit.23. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117 of the Act. Even in them there

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

or he thinks fit.19. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117 of the Act. Even in them there

Naib-subedar Sethurathinam Vs. Union of India Represented by Its Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

pass a sentence afresh for the offence specified or involved in such findings under the provisions of the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950, (45 … have been grave violations such as pre-trial custody not being set off which is violative of Army Act Section 169-A, non-compliance of Supreme Courts order, not passing any order on the post-confirmation petition and illegally destroying the

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

Court : Supreme Court of India

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

Oriental Chemical Industries Vs. Income Tax Settlement Commission and ...

Court : Delhi

Subject : Direct Taxation

Reported in : (1998)145CTR(Del)529

relied. Income Tax Act 1961 s.245D - 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 … Case Law Analysis : R. B. Shreeram Durgaprasad and Fathechand Nursing Das v. Settlement Commission (1989) 176 ITR 169 (SC) relied. Income Tax Act 1961 s.245D - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna &

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

Government did not extend the provisions of the Act to other States. On 25 March 1971, the Pakistani Army launched Operation Search Light to curb the Bengali nationalist movement in East Pakistan.130 The migrants before the operation … because of civil disturbance caused due to the political instability in the 80 The Immigrants (Expulsion from Assam) Act 1950; Section 2 81 The Immigrants (Expulsion from Assam) Act 1950; proviso to Section 2 Page 43 of 94 PART … the language for all official purposes of the State of Assam.170 The 169 “The Assam Official language Act” 170 The Assam Official Language Act 1960,

Hamdan Vs. Rumsfeld

Court : US Supreme Court

Subject : MRTP

1950, see Act of May 5, 1950, ch. 169, 64 Stat. 107, and later amended, see, e.g., … subject to the Order, but that power has since been delegated to John D. Altenberg, Jr., a retired Army major general and longtime military lawyer who has been designated “Appointing Authority for Military Commissions.” On July 3, … the Articles of War were codified and re-enacted as the UCMJ in 1950, Congress determined to retain Article 15 because it had been “construed by … and mandamus petitions, Hamdan asserted that the military commission lacks authority to try him because (1) neither congressional Act nor the common law of war supports trial by this commission for conspiracy, an offense that, Hamdan says, … habeas corpus filed by … an alien detained … at Guantanamo Bay.” Section 1005(h)(2) provides that §§1005(e)(2) and (3)-which give the D. C. Circuit “exclusive”