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

Court : Allahabad

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 … Acting on the aforesaid directions, Medical Examination was carried out on the person of the petitioner on October, 17, 1992 at Military Hospital, Varanasi and that by letter dated 22.3.1993, the petitioner was required to report for

Ex. L/Nk Rameshwar Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 20 and 22; Army Rules, 1954 - Rules 13 and 17

Reported in : RLW2003(1)Raj216; 2002(3)WLN653; 2002(3)WLN653

to say in this regard and an action would be taken in terms of Section 20 of the Army Act, 1950 read with Rule 13 of the Army Rules, 1954 (hereinafter referred to as the Rules of 1954). (x) … the cause of action or the documents on which the authorities had relied upon as required by Rule 17 of the Rules of 1954. (xi) The further case of the petitioner is that he made a request

R.K. Gogna Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 17, 19, 45, 63, 121, 122, 153, 160 and 199; Indian Penal Code (IPC), 1860 - Sections 379; Army Rules - Rule 14; Army Order; Army Regulations, 1962; Limitation Act

Reported in : 2001(60)DRJ505

Staff an alternative remedy by way of filing statutory complaint is provided for under Section 17 of the Army Act, 1950. 5. The court considered the averments made in the writ petition as also in the counter affidavit. In

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 … formed the opinion has not been disclosed. A single sheet file has been submitted to show that on 17.12.1980 there was a review of the decision taken earlier and it appears from a note typed out without

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

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)

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, … Section III - Special Pension and Gratuity (Regulation 164 to 168) Section IV - Disability Pensionary Awards (Regulation 172 to 189) Section V - Special Pensionary Awards (Regulations 206 to 259)34. The regulations missing from the above

Pradeepta Kumar Mohapatra Vs. Union of India (Uoi) and ors.

Court : Orissa

Subject : Constitution

Acts : Army Act, 1950 - Sections 13, 14, 16 and 17; Army Rules - Rules 8 and 13; Constitution of India - Articles 226 and 227

Reported in : 97(2004)CLT34

under the Act or was a trainee recruit as claimed by the opposite parties. Section 13 of the Army Act, 1950 prescribes procedures before enrolling officer. Section 14 provides for mode of enrolment which contemplates that if after complying … prescribed by the Central Government, shall have to be attested in terms of Section 16 of the Act. Section 17 prescribes the mode of attestation. Under Sub-Section (1) of Section 17, when a person who is to be

Rajendra Kumar Pate Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 17; Army Rules - Rule 13(3)

Reported in : 1996(0)MPLJ580

passed under Rule 13(3) of the Army Rules (for short 'the Rules') framed under Section 191(2)(a) of the Army Act, 1950 (for short 'the Act').2. The facts giving rise to this petition are these. The petitioner was enrolled as … at Crime No. 12/85 by Police-Station Gurh, district Rewa. Therefore, at the time of attestation as prescribed under Section 17 of the Act, the petitioner was not attested and reported as fit for duty and was discharged vide

Nar Bahadur Gurang Vs. Union of India and Others

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 20, 20(1), (3) and (7), 34 and 37; Army Rules, 1950 - Rule 17

Reported in : 1998(4)AWC510

any manifest, illegality. The writ petition is, accordingly, dismissed. Service - dismissal - Sections 20 and 37 of Army Act, 1950 and Rule 17 of Army Rules - mutiny in unit -superior officers also present in mutiny - powers … superior officers, shows that he was privy to the mutiny and directed his dismissal under the provisions of Section 20(3) of the Army Act.5. The petitioner along with others filed Suit No. 460 of 1981, in the

Jc 722890x Subedar B.K. Singh Vs Union of India and ors.

Court : Delhi

Subject : Armed Forces Tribunal

Acts : Army Act, 1950 - Section 164 (2) ; Armed Forces Tribunal Act, 2007 - section 17; Constitution of India - Article 226

and imposed a sentence of dismissal from service. The petitioner's statutory appeal under Section 164 (2) of the Army Act, 1950 assailing the said order was dismissed by Chief of Army Staff by an order passed on 13th June, … by the petitioner to the evidence which has been led before the court martial. It is submitted that Section 17 of the Armed Forces Tribunal Act, 2007 confers the power on the Armed Forces Tribunal to inter alia