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Dhirendra Kumar Singh and Others Vs. State of A.P. and Others

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 4, (2), 5, 428, 437 and 439; Navy Act, 1957 - Sections 2, 3(22), 77, 78, (1), (2), 83, 84, 85, 86, 87, 93, (2), (3), 151 and 184; Indian Penal Code (IPC), 1860 - Sections 342 and 392; Arms Act, 1959 - Sections 25(1-B)(A) and 27; Air-Force Act, 1950; Army Act, 1950 - Sections 176; Navy (Discipline and Miscellaneous provisions) Regulations, 1965 - Regulations 89 and 92(2)

Reported in : 1999(4)ALD452; 1999(2)ALT(Cri)312; 1999CriLJ4421

of sentence cannot be applied to a person convicted under Courts-Martial. The Supreme Court observed that inasmuch as Section 176 of the Army Act (sic. 167 of the Army Act) deals with the topic as to the date … under the Code of Criminal Procedure would be applicable in respect of persons proceeded under Court-Martial under the Army Act, Navy Act or Air-Force Act came up for consideration before the Supreme Court in the case of Ajmer

Capt. Parveen Rawat and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Ranbir Penal Code (IPC) - Sections 120B, 409, 420 and 467; ;Army Act, 1950 - Sections 45, 52F and 69; ;Army (Amendment) Act, 1987; ;Army Regulations; ;Navy Act; ;Air Force Act - Section 176; ;Army Courts and Criminal Courts Rules; ;Court-martial (Adjustment of jurisdiction) Rules, 1978 - Rule 3, 4, 5 and 6; ;Criminal Procedusre Code , Svt. 1989 - Sections 1, 1(2), 5, 5(1), 5(2), 167, 428, 475, 549 and 561A; ;Constitution of India - Article 20; ;Army Rules

found to be involved in the scam and consequently G.O.C. 14 Corps directed initiation , of action under Army Act 1950 against them for various acts of omission and commission punishable under Army Act. Pursuant to his directions petitioners … the provisions of the Code inapplicable in respect of all matters covered by such special law. Inasmuch as Section 176 of the Act specifically deals with the topic of the date of commencement of the sentences of imprisonment,

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 … with law. 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

Union of India (Uoi) Vs. Ram Chand Beli Ram

Court : Punjab and Haryana

Subject : ServiceConstitution

Acts : Government of India Act, 1858 - Sections 65; Government of India Act, 1915 - Sections 32(2), 176(1) and 240; Constitution of India - Articles 310, 310(1) and 311; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1955P& H166

'Subhedar' Rain Chand from service under Rule. 13B, Item No. 1(i)(b) made under Section 113 of the Indian Army Act, 1911, hereinafter referred to as the Act. Pursuant to that order 'Subhedar' Ram Chand relinquished charge.That discharge was … Harnam Singh, J.1. In Civil Suit No. 81 of 1950 Shri Ram Chand sought declaration to the effect that his discharge from service was wrongful, void and inoperative … 32(2) of the Government of India Act, 1915, was replaced by Section 176(1) of the Government of India Act, 1935.20. In -- 'R. Venkata Rao

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 … Magisterial Enquiry conducted at the behest of the State Government, even though it might have been conducted under Section 176 of the Cr.P.C.172. Therefore, we make it clear that even if the State Government decides to hold Magisterial

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

effect from 17.11.1988 and was then court-martialed under the provisions of the Army Act. He was charged Under Section 40(a), using criminal force to his superior officer, and Section 48 of the Army Act, 1950 for being … ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.2. The respondent was enrolled in the Indian Army on 17.03.1962. He was promoted to the rank of Subedar … (in Para 40), Prepared by applying Susamma Thomas Case, (1994) 2 SCC 176 (which preferred Davies method), Trilok Chandra case, (1996) 4 SCC 362 and

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

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

liable to be tried by Court-martial-(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of … is to be assumed to be correct (which assumption we shall presently show is wholly unwarranted), inasmuch as Section 176 of the Act specifically deals with the topic of the date of commencement of the sentence of imprisonment,

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

as amended from time to time shall, with the exception of Rules 7 to 18, 168, 172 to 176, 190 and 191, be deemed to be Rules made under the Army Act 1950 as applied to GREF. … relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33

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

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