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Sukhdev Singh Gill Vs. State of Punjab and ors.
Supreme Court of India
Oct-19-2000
Service
Punjab Government National Emergency (Concession) Rules, 1965 - Rule 2; Army Act, 1950 - Sections 3, 4(1), 63, 73, 81(4), 113, 114 and 116(1); Constitution of India - Articles 33 and 352
[2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664
Court considered the nature of the service in the G.R.E.F. and the applicability of certain provisions of the Army Act, 1950 for the purpose of taking disciplinary action against the Officers of the G.R.E.F. In that judgment this Court … the said Act. In the above judgment, this Court noticed the definition of the word, 'the Forces' in Section 3(xi) of the Army Act which reads as follows:(xi) 'the Forces' means the regular Army, Navy and Air Force
Tag this Judgment! AI Brief & AskJ.P. Ratan Vs. the Union of India (Uoi) and ors.
Andhra Pradesh
Sep-15-2008
Service
Army Act, 1950 - Sections 135 and 135(3)
2008(6)ALD293; 2008(6)ALT180
be present before the Court Martial Proceedings without following the procedure as contemplated under Section 135(3) of the Army Act, 1950.2. When the writ petition came up for admission, Sri M. Ratna Reddy, learned Standing Counsel of Central Government
Tag this Judgment! AI Brief & AskSub. B.K. Singh Vs. Union of India (Uoi) and ors.
Delhi
Aug-17-2007
Service
Army Act, 1950 - Sections 3, 53 and 164(2); Army Rules, 1954 - Rule 182; Constitution of India - Article 226
2008(2)SLJ287(Delhi)
of the defense personnel. Under Regulation 16 (a) when an officer, as defined in Section 3(xviii) of the Army Act, 1950 is cashiered, dismissed or removed from service, the President has the discretion of either forfeiting the pension or
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Union of India and ors. Vs. Subedar Ram Narain
Supreme Court of India
Sep-15-1998
Service
Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113
AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616
effect from 17.11.1988 and was then court-martialed under the provisions of the Army Act. He was charged Under Section 40(a), using criminal force to his superior officer, and Section 48 of the Army Act, 1950 for being … 113(a). According to Regulation 16(a) when an officer, as defined in Section 3(xviii) of the Army Act, 1950, is cashiered or dismissed or removed from … ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.2. The respondent was enrolled in the Indian Army on 17.03.1962. He was promoted to the rank of Subedar
Tag this Judgment! AI Brief & AskV.P. Airy Vs. Union of India and anr.
Delhi
Aug-28-1992
Service
Army Act, 1950 - Sections 3(21)
ILR1993Delhi255
however, does not mean that the Assam Rifles becomes the regular Army. Regular Army has been defined in Section 3 of the Army Act, 1950. 'Regular Army' means officers, junior commissioned officers, warrant officers, non-commissioned officers and other … the post of Director General Assam Rifles is not a deputation post. (16) Under Section 4 of the Army Act, 1950 the Central Government is empowered to issue Notification and apply, with or without modifications, all of any of
Tag this Judgment! AI Brief & AskM.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.
Allahabad
Aug-29-2001
Service
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)
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. … facts of the case, it is clear that the petitioner was not in active service as defined in Section 3(4) of Army Act, 1950, hence the charge-sheet was required to be given to him at least before 96
Tag this Judgment! AI Brief & AskShish Ram Vs. Union of India and ors.
Supreme Court of India
Nov-23-2011
Constitution
Constitution Of India - Article 136; Army Act, 1950 - Section 20(3); Pension Regulations, 1961 - Regulation 113 (a)
2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167
the appellant from service is the brigade commander and this should be clear from Section 20(3) of the Army Act, 1950. He submitted that the appellant has in fact been dismissed by the brigade commander. Regarding pension, he submitted
Tag this Judgment! AI Brief & AskDelhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...
Supreme Court of India
Aug-24-1972
Criminal
Army Act, 1950 - Sections 122, 122(1), 122(3), 125 and 127; Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1952 - Rule 3
AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)
of this case the respondent is not 'liable to be tried' by a Court-martial.7. Section 122(1) of the Army Act, 1950, provides that no trial by court-martial of any person subject to the Army Act for any offence shall … Criminal Courts and Courts Martial (Adjustment of jurisdiction) Rules, 1952. The relevant rule for our purpose is Rule 3. It requires that when a person subject to military, naval or air force law is brought before a
Tag this Judgment! AI Brief & AskHarcharan Singh Premi Vs. the Officer Commanding Army, Military Hospit ...
Chennai
Nov-29-1968
Service
Army Act, 1950 - Sections 2(1), 3 and 19; Army Rules, 1954 - Rule 15
AIR1970Mad176
a review petition to the Director General, Armed Forces Medical Service on 7-3-1967 under Section 27 of the Army Act, 1950, and as the petitioner did not receive any immediate redress on his application for review, he submitted a
Tag this Judgment! AI Brief & AskSantosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.
Mumbai
Mar-02-1995
Criminal
Army Act, 1950 - Sections 3, 69 and 120(2)
I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312
contention that the Summary Court Martial was not competent authority under the provisions of section 120(2) of the Army Act, 1950. Therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. In support … his service coupled with rigorous imprisonment for six months by confinement in civil prison with the remission of 3 months. The appeal preferred by the petitioner, however, came to be dismissed on 16-3-1988. This petition is, therefore,
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