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May 23 2012

Captian Vinod Kumar Vs. State of Jandk;

Court : Jammu and Kashmir

Decided on : May-23-2012

Subject : Education

has made an attempt to give this case a different complexion in terms of Section 122 of the Army Act, 1950 wherein the maximum period prescribed in giving the consent by the authority is three years stating that in … of party and devolution of interest during the suit. In the said case, their lordships while dealing with Section 23 of Contract Act have drawn the distinction between the expression void and voidable. In our considered view, the

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May 04 2000

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Decided on : May-04-2000

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) … and the same reads as under:- DISCHARGE CERTIFICATE IN LIEU OF IAFY-1964 (Issued in accordance with Army Act Section 23 and Army Rule 12). Army Number: 2870389K Rank: Havaldar(GD) Name: Ved Prakash Sangwan of 13 Raj RIF is

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Apr 30 2001

Gunner Mamraj Vs. the Chief of the Army Staff and ors.

Court : Delhi

Decided on : Apr-30-2001

Subject : Service

Acts : Army Rule - Rule 13(3); Army Act, 1950 - Sections 23

Reported in : 2001(59)DRJ247

had admittedly failed to challenge all this at the relevant time. This Appeal accordingly fails and is dismissed. Army Act, 1950 - Section 23--Discharge --Court martial proceedings --Conviction --Claimed order not passed by competent authority (Brigadier or Sub-area Commander)--

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Jul 11 2007

Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jul-11-2007

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter … referred to as 'the Army Rules'] as no discharge certificate required to be furnished under the provisions of Section 23 of the Army Act was prepared and sent to the appellant.13. It was argued for the appellant that

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Oct 26 1971

Hanumant Singh Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Oct-26-1971

Subject : Criminal

Reported in : 1971WLN445

the petitioner, was certainly a superior officer within the definition of Clause (xxiii) of Section 3 of the Army Act, 1950 (hereinafter called the Act). It is also not in dispute, that Ramlal was superior to the petitioner so

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Oct 09 2001

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

Court : Supreme Court of India

Decided on : Oct-09-2001

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 71 and 72; Army Orders - Orders 70 and 84; Army Rules, 1954 - Rules 22, 23, 24 and 149; Constitution of India - Articles 14, 32, 226 and 227

Reported in : AIR2001SC3053; [2001(91)FLR1006]; JT2001(9)SC76; 2001LabIC4007; 2001(7)SCALE70; (2001)9SCC592; 2001(4)SCT828(SC); 2002(1)SLJ323(SC); (2002)1UPLBEC111

coming to the conclusion that the punishment of dismissal was violative of provisions of Section 72 of the Army Act, 1950. Section 72 merely provides that the Court Martial may, on convicting a person, award either the punishment which is … Judge:'The petitioner vehemently argued that preliminary hearing when the summary evidence was recorded, the provisions of rules 22, 23 and 24 of the Army Rules, 1954, as well as Army Order 70/84 were not strictly followed. In

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May 15 2007

Udai Singh Dagar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-15-2007

Subject : Constitution

Acts : Indian Veterinary Council Act, 1984 - Sections 2, 3, 12, 15, 22, 23, 23(1), 25, 30 and 67; Trade Unions Act; Evidence Act, 1872 - Sections 45; General Clauses Act, 1897 - Sections 6; Bombay Veterinary Practitioners Act, 1953 - Sections 14, 19, 24 and 25; Indian Army Act, 1911; Army Act, 1950; Maharashtra Veterinary Practitioners Act, 1971 - Sections 18, 18(1), 18(2), 23, 26, 33, 37, 38 and 38(1); Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 - Sections 100(1); East Punjab Ayurvedic and Unani Practitioners Act, 1949; Pepsu Ayurvedic and Unani Practitioners Act, 2008 BK; Punjab Ayurvedic and Unani Practitioners Act, 1963; Drugs Act; Indian Medical Council Act, 1956; Pharmacy Act; Indian Medicine Central Council Act, 1970 - Sections 17

Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306

law has been convicted under the Army Act or under the Indian Army Act, 1911 or under the Army Act, 1950, of an offence which is also a cognizable offence as so defined and any person who after due … fact that he may not be possessing qualifications entitling him to have his name entered in the register.14. Section 23 of the 1971 Act contained an identical provision which is in pari materia with the provisions of the

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May 06 1983

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

Court : Supreme Court of India

Decided on : May-06-1983

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 … ambit of Article 33 and if it is, whether Central Government Notifications Nos. SRO 329 and 330 dated 23rd September 1960 making inter alia Section 21 of the Army Act 1950 and Chapter IV of the Army

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Aug 29 2001

M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Decided on : Aug-29-2001

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998. … Col. P. Bhatnagar. Petitioner states that on 6.8.1994 he was on Sentry duty on main gate at around 23 hours a civil truck bearing registration No. MP-28 E 0043 entered garage entrance gate which was across the

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Mar 14 1956

Chhandra Bhan Varma Vs. Union of India

Court : Mumbai

Decided on : Mar-14-1956

Subject : Service

Acts : Constitution of India - Articles 32(1), 44, 310 and 311; Army Act, 1950 - Sections 18, 22, 23, 24 and 27; Army Act, 1911 - Sections 13, 14 and 16; Limitation Act, 1908 - Schedule - Article 14; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 23; Government of India Act, 1919 - Sections 93 and 96B; Government of India (Amendment) Act, 1935 - Sections 240; Civil Services Act, 1884; Government Premises (Eviction) Act, 1950

Reported in : AIR1956Bom601

relating to conditions of service applicable to a member of the defence service. It is said that the Army Act, 1950, and the Rules and Regulations made thereunder, in terms provide for dismissal, removal or reduction of any such … at Jabbalpore as it was his contention that he was not bound to do so. A notice under Section 80, Civil P. C. was served by him on the Union of India and a suit, being Suit … 1949. That suit however was withdrawn by him with leave under Order 23.On 4-4-1951 the plaintiff was served with an order of removal from service.

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