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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 … attending the investigation in spite of an order given by the Station Commandant amounted to an offence under Section 42 of the Army Act.9. The necessary facts for the decision of the said question of law are as

Nathu Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 69, 118, 154 and 164; Army Rules, 1954 - Rule 13 and 13(2A); Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 18, 42, 43 and 57; Constitution of India - Articles 14, 21 and 226; Defence Personnel Law

Reported in : RLW2006(3)Raj1734; 2006(2)WLC452

petitioner next argued that wife of the petitioner, Smt. Anchi Kanwar made petition under Section 164 of the Army Act, 1950 and the competent authority seriously erred in returning the petition without considering it. He contended that Smt. Anchi … the petitioner contended that GCM gravely erred in law in ignoring the provisions of Sections 43, 57 and 42 of the Act of 1985 which are mandatory. It is contended that search was conducted by an officer

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

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 … its Constitution is in accordance with the Act and the rules. Rule 42 casts a duty on the court to satisfy itself that the person

i.T.C. Ltd. and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Subject : Civil

Reported in : 1985(Supp)SCC476; [1985]Supp1SCR145

in the case of State of Maharashtra and Ors. v. The Salvation Army, Western India Territory : [1975]3SCR475 this Court had to consider the question … Western India Territory : [1975]3SCR475 this Court had to consider the question of fee under Bombay Public Trust Act, 1950. The Court noted that fee was defined as a charge for a special service rendered to individuals by … Sub-section (3) was omitted by Amendment Act 17 of 1980 as if it never existed in the Statute. Section 42 of Amendment Act 17 of 1980 relates to validation of market fees-etc. and reads :Section 42 Notwithstanding anything

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 21 and 226;; Army Rules, 1954 - Rules 39, 39(2), 40, 40 (1) and (2), 42, 42(2), 45, 46, 102, 103 and 105(8);; Army Act, 1950 - Sections 109, 113, 129 and 160(2)

Reported in : (1999)2CALLT300(HC)

all, we have to take into account the meaing of the 'Judge-Advocate'. It appears section 129 of the Army Act, 1950 provides for the same and which is as follows :'129. Judge Advocate--Every General Court-Martial shall, and every district … the disqualifications. Rule 41(c) deals with satisfaction by the court as to eligibility and disqualification of members, Rule 42(2) deals with satisfaction as to appointment and disqualification of judge-Advocate. There is no mention of satisflcationof 'rank' as

Banka Das, Vs. State of Orissa

Court : Orissa

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to … can be considered at the time of considering a bail application ?(6) Whether an officer duly authorised Under Section 42, who intends to search any person Under Sections 42, 43 and 44 of the Act, is required to

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 33, 226 and 227; Army Act, 1950 - Sections 69, 70 and 109; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 36A(1), 41, 42, 42(1), 41(2), 42(2), 43, 50 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 100; Code of Criminal Procedure (CrPC) (Amendment) Act, 1974; Army Rules

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

refer to the relevant provisions of the Army Act and the Rules framed thereunder. Chapter VI of the Army Act, 1950 stands ascribed to the offences and Section 69 therein deals with the civil offences, which reads as below … official superior.50. Conditions under which search of persons shall be conducted :-(1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 73, he

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

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) … been dismissed from service wef 16 Jul 91 by Cdr 170 Inf Bde, under the provisions of para 423 of Regulations for the Army 1962 (Revised Edition 1967). 3. Please acknowledge receipt of this letter.' 5. The

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

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 … an authority in exercise of the power conferred there under would likewise be efficacious within the said limits.' 42. A Constitution Bench of seven Judges had again an occasion to consider the pleasure doctrine in Moti Ram

Arshnoor Kaur & Anr. versus the Union of India & Ors.

Court : Supreme Court of India

Subject : Education

Reported in : [2025] 8 S.C.R. 1241

by virtue of the power conferred by Article 33 of the Indian Constitution that Parliament has enacted the Army Act, 1950 - Section 12 of the Army Act, 1950 restricts the Fundamental Right of females to join the Indian Army, except … 3 SCC 401; Babu Verghese v. Bar Council of Kerala [1999] 1 SCR 1121 : (1999) 3 SCC 422; K.S. Puttaswamy v. Union of India [2017] 10 SCR 569 : (2017) 10 SCC 1; Basheshar Nath v.