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Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Army Act, 1950 - Sections 41 and 164; Army Rules, 1954 - Rule 25

Reported in : AIR1973MP191; (1972)IILLJ611MP

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals of course, as provided by Sub-clause … such he could not have been tried by the General Court-Martial. On that contention the petitioner's conviction under Section 304 read with Section 149, Indian Penal Code and the sentence of six years' rigorous imprisonment was sought … Behl. OC MH Mhow (MP) his superior officer to appear before IC 2537 Lt. Col. J. S. Bhullar, Punjab Regiment for recording to summary of

Major S. Ravi and Others Vs. Union of India and Others

Court : Andhra Pradesh

Subject : Service

Acts : Army Act - Sections 2, 2(1) and 25; Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950 - Rule 7; Constitution of India - Article 309

Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647

deal with each and every aspect of the matter. Suffice it to elaborate and understand the import of Section 25 of the Army Act, 1950 and Rule 7 of the Survey of India (Recruitment from Corps of Engineer … the 2nd respondent under Article 309 of the Constitution of India, yet their pay is protected under the Army Act, 1950. Further in view of the rule position, they can even be repatriated to the Armed Forces, whenever the

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

Court : Supreme Court of India

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

the petitioner has also challenged the constitutional validity of Rules 22, 23, 25 and 40 of the Army Rules, 1954 ('rules' for short) as being … 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

Surendranagar District Panchayat Vs. Valiben Haribhai

Court : Gujarat

Subject : Labour and Industrial

any such person-- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the … the record and has wrongly come to the conclusion that there is a violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (“the Act” for short). 7.7 Mr.Chauhan, learned advocate, relied upon the

Yadamma T. Vs. National Remote Sensing Agency and anr.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 25-F; Industrial Employment (Standing Orders) Act, 1946 - Sections 2; Navy Act, 1957; Army Act, 1950; Air Force Act, 1950

Reported in : 1997(4)ALD415; 1997(4)ALT578; 1997(2)APLJ107

not include any such person - (i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957 in (ii) who is employed in the police service or as an officer … that it is not established that the appellant was in the regular employment of the establishment and thus Section 25-F of the Industrial Disputes Act is not attracted. Appellant - second respondent in the writ petition has

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … announced the finding that the respondent was 'not guilty of all the charges' (subject to confirmation). On May 25, 1976 the confirming authority refused to confirm the finding and promulgated, as required by Rule 71, the charges

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

them. Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … IV - Disability Pensionary Awards (Regulation 172 to 189) Section V - Special Pensionary Awards (Regulations 206 to 259)34. The regulations missing from the above table are those that have perhaps been deleted.35. Chapter IV relates to

Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 20(3) and 106; Army Rules - Rule 17

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

such, he was declared deserter with effect from 2.5.1996. A Court of Inquiry was heldunder Section 106 of Army Act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of Army Act … eligible for appointment to this special list must be in medical category 'A' and must not be below 25 years or above 35 years of age on the date of appointment and must also be possessed of

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

was a prima facie case against these three accused persons which ought to be proceeded with under the Army Act, 1950 and that they be tried by a General Court-Martial. Signed at Dinjan this Fourth day of January, 1989.Place: … opinion to indict the petitioner, the compliance of Army Rule 22 to 25 is nothing but farce. The entire proceedings stand vitiated. There was no … Mehtab Singh formerly JC 66136K Sub Maj Mehtab Singhof 8 JAT, and liable to trial by Court-martial under Section 123 of theArmy Act, and3. JC 127909 X Sub Kartar Singh of 8 JAT, all attached to 237

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Labour and Industrial

Reported in : 1972MPLJ449

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals. Of course, as provided by Sub-clause … such he could not have been tried by the General Court-Martial. On that contention the petitioner's conviction under Section 304 read with Section 149, Indian Penal Code, and the sentence of six years' rigorous imprisonment was sought … Behl, OC MH Mhow (MP) his superior officer to appear before IC 2537 Lt. Col. J.S. Bhullar, Punjab Regiment for recording the summary of evidence