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Sep 27 2004

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Sep-27-2004

Subject : Civil

Acts : Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160

Reported in : 114(2004)DLT792; 2004(77)DRJ480

to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … in Section 191. All rules and regulations made under the said Act are mandatorily required by virtue of Section 193 to be published in the official gazette and on such publication shall have effect as if enacted in

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Nov 30 1990

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Nov-30-1990

Subject : ServiceConstitution

Acts : Constitution of India - Articles 32 and 33; Code of Criminal Procedure (CrPC) ; Army Act, 1950 - Sections 109, 154 to 156, 164(1), 191, 192 and 193; Army Rules, 1954 - Rules 22 to 25, 28 to 32, 62, 65, 77(1), 95 to 101 and 191 to 193; Evidence Act, 1872; Army Regulations, 1987

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

and the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and … Similarly under Section 192 power is there for the Central Government to make regulations and as provided under Section 193 the rules as well as regulations have to be published in the Official Gazette. Such rules called Army … submissions it becomes necessary to state few more facts and then refer to the relevant provisions of the Army Act and Rules.5. The petitioner became a Commissioned Officer of the Army on 30th April, 1972. On 30th April,

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Sep 21 2016

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

Decided on : Sep-21-2016

Subject : Land Acquisition

of rules- i.e. the Military Engineer Services (Army Personnel), Regulations, 1989 hereafter ("the 1989 Regulations") framed under the Army Act, 1950 and notification bearing no. SRO. 4E dated 09.07.1991 ("the 1991 Rules") framed under proviso to Article 309 of … them. 4. In these circumstances, urge the petitioners, the 1989 regulations were framed and brought into force under Section 192 of the Army Act. It is submitted that these regulations did not in any manner seek to … regulations are also questioned as being contrary to the mandate of Section 193A of the Army Act, which provides that all regulations framed should be

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Aug 14 1991

R.K. Anand Vs. Union of India and anr.

Court : Delhi

Decided on : Aug-14-1991

Subject : Service

Acts : Army Act, 1958 - Sections 191; Army Rules, 1950 - Rule 16A; Army (Amendment) Rules, 1979; Army Act, 1950 - Sections 191

Reported in : 1991(21)DRJ185

get the benefit of retirement age of 58 and retire on 31 December, 1992.(2) Section 191 of the Army Act, 1950 (for brevity 'the Act') empowers the Central Government, among other things, to make rules for the removal, retirement, … can also make regulations for all or any of the Act other than those specified in Section 191. Section 193 prescribes that all rules and regulations made under the Act shall be published in the Official Gazette and,

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Feb 25 2010

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-25-2010

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the … the Indian Divorce Act, 1869, and the Parsi marriage and Divorce Act, 1936. Different types of litigation coming before the High Court in exercise of

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Aug 10 1983

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Decided on : Aug-10-1983

Subject : Criminal

Reported in : (1984)1GLR429

reasons for confirming the orders of the Court-Martial.15. Here again one more thing is required to be stated. Section 193 of the Army Act, 1950 provides as under:193. All rules and regulations made under this Act shall be … pressed into service. Now they are charged for committing the offences under Sections 37(b) & 40(a) of the Army Act, 1950. Section 37 reads as under:37. Mutiny - Any person subject to this Act who commits any of the following

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Dec 18 1995

No. Ic 2789 Op Col. Ranjit Kumar Sarmah Vs. Union of India (Uoi) and o ...

Court : Patna

Decided on : Dec-18-1995

Subject : Criminal

is dismissed accordingly. However, the Court-martial shall not be prejudiced by any observation made in this order. (A) Army Act, 1950, Sections 192, 193 and 193-A - Army Regulations, Regulation 327--Provisions of Sections 192, 193 and 193-A--Lay down procedure … Regulations have administrative force, even then Regulations can be applied to field not covered by statutory provisions.(B) Aarmy Act, 1950 Section 69, 70, 191 and 3(ii) - Army Rules, 1954, Rules 22(2) 53-Indian penal Code, 1860, Section 354-Offence of

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Aug 31 2006

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

Court : Rajasthan

Decided on : Aug-31-2006

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 1, 2, 3(24), 21, 33, 34, 38(1), 39, 40, 63, 69, 70, 71, 72, 80, 108, 109, 110, 112, 113, 114, 115, 116, 118, 119, 120, 120(2), 120(4), 120(5), 125, 161, 193; Indian Penal Code (IPC) - Sections 341 and 376; Army Rules, 1954 - 22(3), 28, 29, 30, 32, 33, 34, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 129, 137 and 149

Reported in : RLW2006(4)Raj3323

proceeding. They also seek to challenge the validity of the provisions relating to summary court martial under the Army Act, 1950 and the Army Rules, 1954. As vires has been challenged in all the petitions, they were heard together.2. … the Army Rules do not enjoy that immunity. On behalf of the respondents our attention was drawn to Section 193 of the Army Act which provides that all rules and regulations made under the Act 'shall have effect

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Apr 01 2010

Major Ss Chillar Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Apr-01-2010

Subject : Education

disposal of this petition are that the petitioner was charged for an offence under Section 69 of the Army Act, 1950 committing a civil offence under suspicious circumstances, contrary to Section of the Explosive Substances Act, 1908. Petitioner was … provisions of the Army Act shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and the Court Martial shall be deemed to be court within

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Sep 15 1992

Banka Das, Vs. State of Orissa

Court : Orissa

Decided on : Sep-15-1992

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to … of the police report or upon a complaint made by an officer of the Central or State Government. Section 193 of the Code has no application as the entire trial is conducted in accordance with the provisions of

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