Advanced Search Results

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

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

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

Laskara, Barbers Carpenters, Mechanics, Bookmakers, Tailors etc. All these were un enrolle oncombatants governed by Civil Service Rules. Section 21 of Army Act, 1950 enables Central Government to modify certain fundamental rights in their application to persons subject … members of the armed forces of the Union, that is to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections

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

Court : Allahabad

Subject : ServiceConstitution

Acts : Constitution of India - Articles 22 and 33; Army Act, 1950 - Sections 21; Army Rules, 1954 - Rules 22 and 129

Reported in : 2004(3)AWC2752

right conferred under that Chapter to the members of Armed Forces and other specified Organizations. Parliament has enacted Section 21 in the Army Act, 1950, which authorised the Central Government to restrict to such extent and in such … Havaldar (OPR) in 129 AD Regiment when he was charge-sheeted for two offences under Section 40(c) of the Army Act, 1950. He was tried by a Summary Court Martial and was awarded the following punishment :(a) to be reduced

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Subject : Other Taxes

Acts : Army Act, 1950 - Sections 2, 2(1), 3 and 21; Tamil Nadu District Municipalities Act - Sections 124D and 124J; Territorial Army Act, 1948 - Sections 9(1); Air Force Act, 1950; Navy Act, 1957; Central Reserve Police Force Act, 1949; Army Rules, 1954 - Rule 19; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Civil Service Regulations; Constitution of India - Articles 19 and 33

Reported in : (2009)6MLJ269

SC 1179 wherein, in paragraph Nos. 11 and 12, it has been held as follows:11. In enacting the Army Act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, … description of the 'members of the armed forces' within the contemplation of Article 33. Consequently by virtue of Section 21 of the Army Act, the Central Government was competent by notification to make rules restricting or curtailing their

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

Court : Delhi

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 and rules violate the fundamental rights- embodied in Articles 14 and 21, of its members, who are members of the Military Engineer Services ("the

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Labour and Industrial

Reported in : 55(1994)DLT217; 1994(30)DRJ178

the proper discharge of their duties and the maintenance of discipline among them.' 30. The Parliament enacted the Army Act 1950 to consolidate and amend the law relating to governing of the regular army. The conditions of service of … pleasure of the President. This Section reiterates the constitutional position set out in Article 310 of the Constitution. Section 21 of the Army Act provides for power to modify certain fundamental rights in their application to persons subject

Indian Air Force Employees Union Vs. State of Maharashtra,

Court : Mumbai

Subject : Labour and Industrial

Acts : Indian Trade Unions Act, 1926 - Sections 2(1), 3 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments Act, 1975 - Sections 4, 27 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1976; Constitution of India - Articles 14, 19(1), 33 and 276; Civil Service Rules; Army Act, 1950 - Sections 21; ;Air Force Act, 1950; Navy Act, 1957; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1991; Maharashtra State Tax on Professions Trades, Callings and Employments Ordinance, 1996; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1997; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 2000

Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609

The Union of India took acontrary stand and upholding that stand theSupreme Court observed as follows:'In enacting the Army Act, 1950 in sofar as it restricts or abrogates any ofthe fundamental rights of the members ofthe Armed Forces, Parliament … like cooks,chowkidars, laskars, barbars, carpenters,mechanics, boot-makers, tailors etc. (unenrollednon-combatants governed by the Civil ServiceRules) could be curtained under Section 21 of theArmy Act.' The employees therein had taken astand that they were not the members of the'Armed Forces'

K.K. Sethi (Major) Vs. Union of India and Others

Court : Delhi

Subject : ConstitutionService

Acts : Constitution of India, 1950 - Article 226

Reported in : 1998VIIAD(Delhi)609; 76(1998)DLT925; 1999(48)DRJ349

of Article 33 of the Constitution has to be seen from the main statute governing the army. The Army Act, 1950, which is enacted by the Parliament, defines certain curtailments of the power which are otherwise available to other … the power which are otherwise available to other citizens of this country under Part III of the Constitution. Section 21 of the Army Act reads as under :-'Power to modify certain fundamental rights in their application to persons

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … position that Article 33 of the Constitution has to be construed as to sub-serve the mandate of Article 21 of the Constitution of India. (12). In Lt. Col.Prithi Pal Singh Bedi v. Union of India and Ors.

Ous Kutilingal Achudan Nair and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 19(1) and 33; Army Act, 1950 - Sections 2(1), 3, 9 and 21; Army Rules, 1954 - Rules 19(11) and 79; Defence of India Act - Sections 4; Industrial Disputes Act

Reported in : AIR1976SC1179; 1976LabIC780; (1976)2SCC780; [1976]2SCR769; 1976(8)LC43(SC)

not fall under any of the categories enumerated in Sub-clauses (a) to (i) of Section 2 of the Army Act, 1950, and that the impugned notifications are ultra vires the Army Act and are struck by Articles 19(1)(c) and … description of the 'members of the Armed Forces' within the contemplation of Article 33. Consequently by virtue of Section 21 of the Army Act, the Central Government was competent by notification to make rules restricting or curtailing their