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May 06 1983

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-06-1983

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

Army personnel. The Government of India has also in exercise of the power of conferred by Section 21, Sub-section (4) of Section 102 and Section 191 of the Army Act 1950 issued another Notification bearing SRO 330 on … relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33

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Oct 19 2000

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Oct-19-2000

Subject : Service

Acts : 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

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

follows:SRO 329 dated 23rd September 1960 In exercise of the powers conferred by Sub-section (1) and (4) of Section 4 of the Army Act, 1950 (46 of 1950), the Central Government hereby:(a) applies to the General Reverse Engineer … 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

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Jul 05 2001

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

Court : Andhra Pradesh

Decided on : Jul-05-2001

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 … writ petitioners would come within the term 'employee' as defined under Section 2(e) of the Act. As per Section 4, there shall be levied and collected a tax on professions, trades, callings and employments for the benefit of

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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 … 1. The appellants in the Latent Patent Appeals, the petitioner in C.W.P. 3063/95 and the petitioner in C.W.P. 4082/95 have come forward with a grievance that their services have been dispensed with by the respondents on extraneous

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Jul 07 2006

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Decided on : Jul-07-2006

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

members of the armed forces of the Union, that is to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections … Tax Officer in denying them exemption from payment of profession tax and the petitioners rely upon provisions of Section 27-A(a) of Maharashtra State Tax on Professions, Traders, Callings and Employment Act (16 of 1975), (hereinafter referred to … 1988 and Writ Petition Nos. 1424 and 616 of 1989 decided on 4-12-1990 at Nagpur B.S. Raut and Ors. v. State of Maharashtra and Ors.

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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.

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Feb 28 2001

Union of India and ors. Vs. Sunil Kumar Sarkar

Court : Supreme Court of India

Decided on : Feb-28-2001

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 4 and 167; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rules 10 and 19; Constitution of India - Articles 20 and 311(2)

Reported in : AIR2001SC1092; RLW2001(2)SC190; 2001(2)SCALE286; (2001)3SCC414; 2001(2)LC976(SC)

Santosh Hegde, J.1. A General Court Martial (GCM) under the provisions of the Army Act, 1950 was initiated against the respondent herein for certain allegations of defrauding the Border Road Organisation ('the Organisation') in … of fact, Notification No.SRO-329 dated 23.9.1960 issued under the Central Rules and under sub-sections (1) and (4) of Section 4 of the Army Act makes this position clear. By this notification, the punishments that could be meted out

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Aug 28 1992

V.P. Airy Vs. Union of India and anr.

Court : Delhi

Decided on : Aug-28-1992

Subject : Service

Acts : Army Act, 1950 - Sections 3(21)

Reported in : ILR1993Delhi255

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

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Sep 20 1968

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

Court : Supreme Court of India

Decided on : Sep-20-1968

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 … petitioner did not join the first sitting but joined the second sitting which consisted of about 30 to 40 men. The quarrel which started between the two groups earlier was continued in the dining hall. The lights

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May 04 2000

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Decided on : May-04-2000

Subject : Service

Acts : Constitution of India - Articles 14, 21 and 226; Army Act, 1950 - Sections 20 and 23; Army Rules, 1954 - Rules 11, 12 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 360

Reported in : 2000VAD(Delhi)749

AND ITEM OF TABLE IN RULE 17 OF ARMY RULES 1954 READ WITH ARMY ACT SECTION 20(3) OF ARMY ACT, 1950. 1. 'Dismissed from service w.e.f. 16 July, 1991 being convicted by Hon'ble Court of Addl Sessions Judge, Bhiwani(Haryana) … convicted under Section 337 of the Indian Penal Code but was given the benefit of the provisions of Section 4 of the Probation of Offenders Act, 1958. The appeal by the petitioner therein to Sessions Judge was unsuccessful

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