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Nov 09 1983

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

Court : Kolkata

Decided on : Nov-09-1983

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … proceeding was convened in accordance with the provisions of Rules 22 and 24 read with Rules 37 and 40 of the Army Rules. The submission … compensation of the loss was preferred by the Supply Depot ASC Panagarh in accordance with the provisions of Section 78B of the Indian Railways (Amendment) Act of 1961 which was registered by the railways and the same

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Dec 21 2000

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-21-2000

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 … were roped in and were charged with an offence of espionage. Capt. R.S. Rathore was arrested on the 24th of August, 1978. Capt. A.K. Rana was arrested on the 27th of October, 1978.7. Capt. Kulwant Singh, Major

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Nov 13 2002

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Decided on : Nov-13-2002

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

who behaves in a manner unbecoming his position can be removed from service under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section … respondent was provided full opportunity to cross-examine the witnesses during the recording of summary of evidence under Rule 24 of the Air Force Rules. He was also given an opportunity to produce defense evidence at that stage.

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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 … 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 this context,

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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 … ladies, whisked them away and committed repeatedly rape on two female members of that family aged 18 and 24 years. The occurrence was got lodged by Noor Mohammad. Superintendent of Police, Poonch directed Dy.S.P. Headquarter, Poonch to

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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 … for maintenance of the register of the veterinary practitioners. Sections 14, 19, 24 and 25, which are relevant for our purpose, read as under:14 (1) … S.B. Sinha, J.1. Leave granted in S.L.P.2. Constitutionality and/ or applicability of the provisions of Section 30 of the Indian Veterinary Council Act, 1984 (for short 'the Central Act') is in question herein.3. Before,

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May 27 2004

NabiruddIn Ahmed Vs. Central Bank of India and ors.

Court : Guwahati

Decided on : May-27-2004

Subject : CivilBanking

Acts : Army Act, 1950; Capital Issues (Control) Act, 1947 - Sections 3; All India Services (Death-cum Retirement Benefits) Rules, 1958 - Rule 16(3); Central Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976 - Regulations 4 and 6(7); Central Bank of India Officer Employees' (Conduct) Regulations, 1976 - Regulations 3.1 and 24; Indian Penal Code (IPC) - Sections 420 and 468

violation of the instructions and the persons found responsible for such violation should be suitably punished under the Army Act, 1950.'12. In the instant case, against the show cause dated March 23, 1999, the petitioner submitted his reply … would constitute misconduct within the meaning of Regulation 3.1 read with Regulation 24 of Central Bank of India Officer Employees' (Conduct) Regulations, 1976 attracting penalty … SCC 99 wherein in the last part of the paragraph 8, the Apex Court observed:'While interpreting the provisions Section 21 of the Act, the High Court has lost sight of the general principle of the service jurisprudence

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Aug 29 1967

inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...

Court : Delhi

Decided on : Aug-29-1967

Subject : ServiceConstitution

Acts : Constitution of India - Articles 197, 309, 310, 310(1), 311, 311(2), 372(1) and 447; Code of Civil Procedure (CPC), 1908 - Sections 9; The Civilians in defense Services (Classification, Control and Appeal) Rules, 1952 - Rules 1, 3, 4, 8, 9, 24, 25, 26 and 31; Government of India Act, 1935 - Sections 240, 240(3) and 241; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55; Railway Establishment Code, 1959 - Rules 148(3) and 149(3); Indian Navy (Discipline) Act, 1934; Army Act, 1950; Indian Air Force Act, 1950; Civil Service Regulations - Regulation 197-A - Schedule - Articles 442 and 443; Motor Vehicles Act - Sections 43-A

Reported in : AIR1969Delhi220

such penalties. These Rules apply to every person paid from defense services estimates and nto subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Indian Air Force Act, 1950, who is in the whole … statement, viz., that in matters at defense personnel the jurisdiction of the Civil Courts is impliedly barred under Section 9, Civil Procedure Code. (This appears to have been raised by way of amendment to the written statement … appellant on 20-7-1950 and he was directed to submit his Explanationn by 24-7-1950. An inquiry was conducted into the charges and finally on 2-4-1951, the

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Aug 25 1982

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Aug-25-1982

Subject : ServiceConstitution

Acts : Constitution of India - Articles 19(1), 21, 32 and 33; Army Rules, 1954 - Rules 22 to 25, 37, 40, 41, 42, 44, 180, 187 and 187(3); Army Act, 1950 - Sections 7, 8, 113, 125, 191 and 192; Code of Criminal Procedure (CrPC)

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC); MANU/SC/0233/1982

been initialled by the officer reported upon is the gravamen of the charge under Section 45 of the Army Act on which the petitioner is called upon to face a trial by the General Court Martial convened under … failed to comply with two pre-conditions incorporated in the proviso to Section 5A of the Prevention of Corruption Act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. The High Court held that … procedure for recording summary of evidence. After recording summary of evidence Rule 24 enables the Commanding Officer either to remand the accused for trial by

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Mar 20 1998

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Mar-20-1998

Subject : Service

Acts : Army Act, 1950 - Sections 26, 27 and 33

Reported in : 73(1998)DLT181

in the case of the petitioner. The learned Counsel referred to Sections 26, 27 and 33 of the Army Act, 1950. 11. Section 26 provides for remedy of aggrieved persons other than .officers. The provisions give right to such … In this the percentage of disability is shown as composite 40%. His condition is to be reviewed on 24.7.1996. The Medical Board has expressed the view that he is primary hypertension patient, fit for military duties in

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