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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 … know as to whether the accused to be tried by the Court-martial or by the Criminal Court. On 28.06.1999, one Shri Satish Dua, Commanding Officer, informed the Chief Judicial Magistrate, Poonch the decision of the army, 4

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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. … copy of this order. Ultimately, the Chief of Army Staff passed final order on the statutory petition on 28.5.1999. The Chief of Army Staff had set aside the finding on two charges recorded against the petitioner on

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Jul 24 2009

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-24-2009

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

petition of the petitioner was required to record reasons. The Supreme Court after discussing the scheme of the Army Act, 1950 and the Rules framed thereunder came, to the conclusion that under Section 162 of the said Act reasons … Act.7.1 Section 271 of the Act corresponds to the provisions contained in Sub-sections (1), (2) and (6) of Section 28 of the Income Tax Act, 1922 (hereinafter referred to as the =1922 Act). The relevant provision of the

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May 08 1995

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Decided on : May-08-1995

Subject : Civil

Acts : Army Act, 1950 - Sections 90(1)

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

1600.00 per month. The compensation was awarded in exercise of the powers conferred under Section 90(i) of the Army Act 1950 (46 of 1950). The order reads as follows: 'TO The Chief of the Army Staff, New Delhi. SUBJECT: … other law, here, the Hindu Adoptions and Maintenance Acl,1956 or Hindu Marriage Act,1955. The petitioner also referred to Section 28 of the Act which provides immunity from attachment of salary by direction of any civil or revenue court

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Apr 15 1992

C.V.V. Reddy Vs. Team Leader, Army Team Bharat Dynamics Ltd. and ors.

Court : Andhra Pradesh

Decided on : Apr-15-1992

Subject : Labour and Industrial

Acts : Constitution of India - Articles 5, 14, 21, 33 and 226

Reported in : 1992(2)ALT363; (1993)ILLJ194AP

critical moment, cannot have any application to the facts of the present case. 38. Section 27 of the Army Act 1950 indicates a remedy for aggrieved officers in the following terms : 'Any officer who deems himself wronged by … the 1st respondent. 5. It appears that, in the mean-time, respondent No. 2 addressed a Signal dt. November 28, 1991 to the 4th respondent with reference to a letter dt. November 12, 1991 of the Project Manager,

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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, … of the High Courts and the Supreme Court under Articles 226/227 and 32 of the Constitution, are unconstitutional. Section 28 of the Act and the 'exclusion of jurisdiction' clauses in all other legislations enacted under the aegis of

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Mar 19 1996

Harpal Singh Vs. Union of India

Court : Delhi

Decided on : Mar-19-1996

Subject : Service

Acts : Army Act, 1950 - Sections 52; Army Rules, 1950 - Rule 22; Constitution of India - Article 21

Reported in : 1996(37)DRJ390

General had been duly empowered. The said circular reads as under:- 'IN pursuance of the provisions of the Army Act, 1950 (XLVI of 1950), the Central Government is hereby pleased to empower you, or the officer on whom your … it was posted at Gandhi Nagar, Gujarat. For the administrative purposes, the Company was divided in to six sections, i.e., (1) Mechanical Transport Section (2) Radio Section (3) Cipher, Section (4) Ammunition and Weaponry Section (5) Clothing … Raj as well as by Lending Officer, as was the case on 28.2.1984 when 800 litres of diesel was borrowed from 14 Bihar Battalion. It

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Mar 22 2002

Colonel Aniltej Singh Dhaliwal Vs. Union of India (Uoi) and 2 ors.

Court : Delhi

Decided on : Mar-22-2002

Subject : Service

Acts : Army Act, 1950 - Sections 2(2), 71, 153 and 163; Army Rules; Industrial Disputes Act, 1947 - Sections 11A

Reported in : 2002(64)DRJ854

appropriate orders on the question of sentence in exercise of the powers vested under Section 163 of the Army Act, 1950, after modifying the Court's previous order dated 10.5.1999. This application was vehemently opposed by the Petitioner herein in … this communication, dated September 18, 1999, is at Annexure Rule 6. The respondent through his communication dated October 28, 1999 again informed the appellants that his request made in paragraphs 2 to 6 of Annexure Rule 4

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Jun 15 2007

R.K. Talukdar (ic-35161f Lt. Co.) Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Jun-15-2007

Subject : Service

Jurisdiction) Rules, 1978, (hereafter referred to as the Rules) as well as Sections 125 and 126 of the Army Act, 1950 (hereafter referred to as the Act) contending that at all relevant times, he had been in active service … learned Sub-Divisional Judicial Magistrate(s) No. 1, Guwahati, in GR Case No. 5424/04 drawing cognizance of the offences under Section 448/376/506 IPC against the petitioner as well as the order dated 28.6.2005 issuing a non-bailable warrant of arrest

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May 18 2007

Mehar Singh Manhas Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : May-18-2007

Subject : Service

Reported in : 2007(2)ShimLC212

sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:He at field, on 1 June, 98, when ordered by IC-41475Y Maj … Airy BM HQ 53 Inf Bde not to proceed on any operation since there were orders from HQ 28 Inf Div to this effect to which he replied that 'Main yahan par roti todne ke liye nahi

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