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Nov 15 2002

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

Court : Delhi

Decided on : Nov-15-2002

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, … to in Regulation 112.39. The primary conditions for the grant of disability pension are laid down in Regulation 173, which reads as under:-'173. Unless otherwise specifically provided, a disability pension may be granted to an individual who

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Oct 08 2014

Satish Vs. The Union of India and Another

Court : Mumbai Aurangabad

Decided on : Oct-08-2014

Subject : Land Acquisition

cannot be faulted with as the same is in accordance with the provision of Section 22 of the Army Act, 1950 read with Rule 13(3) of the Army Rules, 1954. As the discharge of the petitioner was on recommendation … is clear. The petitioner is claiming disability pension. As such one will have to consider provision of Regulation 173, which deals with grant of disability pension and it reads thus: “ 173. Unless otherwise specifically provided a

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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 … inquiry or an inquiry by the NHRC or an inquiry under the Commissions of Inquiry Act, 1952. Conclusions 173. On an overall consideration of the submissions made and the material before us, we conclude : This writ

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Jan 04 2002

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Decided on : Jan-04-2002

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

the Sections 80 and 81 of the BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused … of the BSF 41 Bn. stood surety for him. After completion of investigations, police submitted the report under Section 173 Cr.P.C. in the Court; cognizance was taken and summons for service on the accused were issued. Accused could

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Mar 26 2010

Chief of Air Staff Vs. Augustian

Court : Kerala

Decided on : Mar-26-2010

Subject : Service

Acts : Air Force Act, 1950 - Section 16; ;Air Force Rules, 1969 - Rules 13 and 15(2); ;Air Force Rules, 1961 - Rule 15; ;Army Pension Regulations, 1961 - Regulations 158, 173 and 173A; ;Air Force Pension Regulations, 1961 - Regulation 153

Reported in : 2010(2)KLT514

the time of discharge, he is entitled to disability pension under Regulation 173 of the Pension Regulations for the Indian Army, 1961.8. The appellants resisted … 4482 of 2002 and the sole respondent is the petitioner therein. The respondent entered service in the Indian Army as a Vehicle Mechanic on 9.9.1983. He was discharged from the Indian Army on 31.7.1999 after he was … discharge of personnel for the causes specified therein. As per Rule 15, persons enrolled under the Air Force Act, 1950 who are attested in terms of Section 16 of the Act may be discharged at their own request

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May 13 1999

Baburao Vs. Manikrao and anr.

Court : Supreme Court of India

Decided on : May-13-1999

Subject : Election

Acts : Representation of the People Act, 1950 - Sections 14 to 25; Representation of the People Act, 1951 - Sections 2(1), 5, 33(5), 36 and 100; Constitution of India - Articles 84, 102, 173, 191 and 371A, ; Army Act, 1950; Government of Union Territories Act, 1963 - Sections 4 and 14

Reported in : AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)

armed forces of the Union; or(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950) have been made applicable whether with or without modifications; or(c) being a member of an … was also contended by the appellant that the first respondent was not 'ordinarily resident' within the meaning of Section 20 of the Representation of the People Act, 1950 (hereinafter called the '1950 Act') in Nilanga Constituency and, … any of the following provisions that may be applicable, namely:--Articles 84, 102, 173 and 191.Part II of this Act, and Sections 4 and 14 of

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Dec 20 1966

Khazansingh and ors. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Dec-20-1966

Subject : Criminal

Acts : Criminal Law Amendment Act, 1952 - Sections 8; Criminal Law Amendment (Amending) Act, 1966 - Sections 5(1) and 11; Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : AIR1967Raj221

me.11. It is not disputed that the four applicants before me are governed by the provisions of the Army Act, 1950. Section 69 of the Army Act provides that subject to the provisions of Section 70, any person subject to … 1966 at the request of the Public Prosecutor enabling him to supply the copies of documents envisaged by Section 173 of the Code of Criminal Procedure and for enforcing the attendance of the two accused persons, who were

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Apr 20 2007

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

Court : Supreme Court of India

Decided on : Apr-20-2007

Subject : Service

Acts : Pension Regulations, 1961 - Regulations 48, 53, 173, 185 and 423; Pension Rules - Rules 7 and 173

Reported in : 2007(6)ALLMR(SC)486; [2007(113)FLR1008]; JT2007(6)SC20; 2007(3)KLT171(SC); 2007(6)SCALE17; 2007(1)LC559(SC)

Division Bench not justified in their conclusion - Respondent not entitled to disability pension - Appeal allowed - ARMY ACT, 1950.[C.A. No. 46/1950]. Section 192: [Dr. Arijit Pasayat & Lokeshwar Singh Panta, JJ] Disability pension - Army Pension … Judge and the Division Bench referred to para 7(b) of the Appendix II referred to in Regulations 48, 173 and 185 of the Pension Regulations, 1961 to hold that if any disease has led to the individuals

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Mar 13 2007

Ex. Gnr J.J. Xavier Vs. Cda (Pensions) and Oic Army Air Defence Record ...

Court : Karnataka

Decided on : Mar-13-2007

Subject : Service

Acts : Army Pension Regulations, 1961 - Regulation 173

Reported in : 2007(4)KarLJ427; 2007(3)AIRKarR270

matter back to Respondents to reconsider the matter afresh in accordance with law in an expeditious manner - ARMY ACT, 1950.[C.A. No. 46/1950]. Section 270: [N.K. Patil, J] Pension Regulations for the Army, 1961, Regulation 173 Disability pension

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Apr 18 2006

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Apr-18-2006

Subject : Service

Acts : Pay and Allowance Regulation Rules, 1955 - Rule 51; Army Rules, 1954 - Rules 178 and 179; Army Act, 1950 - Sections 34, 38, 39, 80, 91 and 92; Constitution of India - Articles 226 and 311(2); Army Pension Regulations, 1961 - Regulations 173, 186, 187 and 189; Army Regulations - Regulations 178 to 187 and 196 to 200; Defence Services Regulations - Regulations 51 and 123; Civil Services Regulations

Reported in : (2006)144PLR97

are extracted below the facility of reference:Regulation 51: FORFEITURE OF PAY AND ALLOWANCES51. A person, subject to the Army Act, 1950 will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in Section 92 of … petitioner as the petitioner has been assessed to have disability which is less than 20% According to Regulation 173 of the Regulations such a person is not entitled to disability pension. Therefore, order dated 29.04.1974 (P-6) is

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