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M.E.S. Employees Union, A.P. Area, Secunderabad Vs. Govt. of A.P. and ...

Court : Andhra Pradesh

Subject : Other Taxes

Acts : Andhra Pradesh Tax on Professions, Trades, Callings and Employees Act, 1987 - Sections 2, 3, 4, 5, 6(2), 27-A, 31, 32 and 35; Financial Regulations - Regulation 288-A; Army Act, 1950; Constitution of India - Article 276; Navy Act, 1957; Air Force Act, 1950

Reported in : [2002]126STC523(AP)

3rd respondent establishment as illegal, arbitrary and contrary to Regulation 288-A of the Financial Regulations framed under the Army Act, 1950 and that the employees working under the control of the 3rd respondent establishment are not liable to pay … the members on the petitioners to pay the tax. The learned Counsel also referred to the provisions of Section 32 as well as Section 35 in support of his contention that the profession tax levied under the present

In Re: Mr. 'G', A Senior Advocate of the Supreme Court

Court : Supreme Court of India

Subject : Constitution

Acts : Bar Councils Act - Sections 11(1); Constitution of India - Article 32; Army Act, 1950 - Sections 45

Reported in : 1954(2)BLJR477; (1954)56BOMLR1220; [1955]1SCR490

a gentleman.' In the Army it is a military offence to do otherwise (see section 45 of the Army Act, 1950) though no notice would be taken of ungentlemanly conduct under the ordinary law of the land, and none … not be taken against him. About the same time Mr. G filed petition for a writ under article 32 of the Constitution. We are confining ourselves in this order to the matter raised in the summons. 3.

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … respondents to show cause why a writ in the nature of certiorari should not be issued under Article 32 of the Constitution for calling up and quashing the proceedings before the General Court Martial No. JAG 26/66-67/AA

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160

Reported in : 114(2004)DLT792; 2004(77)DRJ480

to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … tribunal constituted by or under law relating to the Armed Forces. In considering a petition filed under Article 32 of the Constitution this Court can only consider whether any fundamental right of the petitioner has been violated

Ex. Gnr. Ajit Singh, S/O Mahesh Chand Vs. the Union of India (Uoi) and ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898; ;Criminal Law (Amendment) Act, 1952 - Sections 6(1); Army Act, 1950 - Sections 32; Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2(l); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3 (1)

Reported in : 2004CriLJ3994; 2004(73)DRJ494

was contended that once an individual is enrolled in the Army, he is governed by the provisions of Army Act, 1950. In para 2 of the counter affidavit the respondent has taken the stand that such person is not … is to the whole of India except the State of Jammu & Kashmir. He has placed reliance on Section 2(k) which defines that 'Juvenile' or 'child' means a persons who has not completed eighteenth year of age.

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … the Chief of Army Staff Confirming the same. It was held therein that the Supreme Court under Article 32 and the High Court under Article 226 have the power of judicial review in respect of proceedings of

Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

Army, Navy or Air Force when commit any offence are dealt with the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … as Army Act and Army Rules was open to challenge uner Article 32 or 226 but not Article 136 or 227 of the Constitution of … Martial for the commission of offence of murder of Lance Nk. Partap Singh.4. The petitioner was chargesheeted under Section 69 of the Army Act for committing a civil offence under Section 302 of the Ranbir Penal Code.

Gopal Upadhyaya and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 19(1), 32 and 33; Army Act, 1950 - Sections 2(1)

Reported in : AIR1987SC413; 1987LabIC236; (1995)IIILLJ465SC; 1986(2)SCALE998; 1986Supp(1)SCC501; 1986(2)SLJ998(SC); 1987(1)LC51(SC)

as to ensure the proper discharge of their duties and the maintenance of discipline among them.In enacting the Army Act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the … validly registered. Sri Gupta submits that unless the members 6f the Union are brought within the compass of Section 2(1)(i) of the Army Act, it is riot possible to hold them subject to the Army Act. Section … of registration of the Union is challenged in these petitions under Article 32 of the Constitution.2. The submission of Shri Anil Kumar Gupta, learned Counsel

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

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, … appeal. Section 30 deals with appeal to the Supreme Court; Section 31 deals with leave to appeal and Section 32 deals with condonation. Sections 30, 31 and 32 of the Act being relevant are being quoted below:30. Appeal

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

Court : Supreme Court of India

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 … taken to mean that a Court can, while exercising powers under Article 226 or 227 and/or under Article 32, interfere with the punishment because it considers the punishment to be disproportionate. It is only in extreme cases,