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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 … learned Counsel for 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

Union of India Through Its Secretary, and ors. Vs. Rabinder Singh.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rule 177; Army Act, 1950 - Section 191

to make a report under Rule 177 of the Army Rules, 1954 framed under Section 191 of the Army Act, 1950. On conclusion of the inquiry a disciplinary action was directed against the respondent. (ii) Thereafter, the summary of … the audit authorities. Yet the respondent proceeded to order modification of some 65 vehicles in two lots, first 43 and thereafter 22. There is no dispute that he countersigned those bills, and claimed and received an amount

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 … Military Intelligence cannot be scrutinised by this Court.57. We shall now pass on to the facts in LPA 43/87.58. According to the appellant, he served in the Indian Army from October, 1964 to March, 1980. In the

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

Court : Andhra Pradesh

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 … was pursuant thereto that the 5th respondent issued a signal transferring the petitioner from 1-EME Centre, Secunderabad to 43-EME Battalion in Telegram No. 389339/MS/EME dt. December 20, 1991. Petitioner submits that the Vice-Chief of Army Staff having

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

Subject : Service

court- martial against the appellant. In this behalf our pointed attention was drawn to Section 130 of the Army Act, 1950. Section 130 of the aforesaid is being extracted hereunder:130. Challenges.- (1) At al trials by general, district or summary … of persons subject to the Act shall be a 'corps' for the purposes of Chapter III and Section 43(a) of the said Act and of Chapter II and III of these rules, except Rule 13, namely: (a)

Ex. Gunner (Gd) Suresh Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act - Sections 19, 43, 83, 84 and 122; Army Rules - Rules 13, 14 and 180; Army Regulations, 1987 - Regulations 465A and 466

Reported in : 134(2006)DLT425

writ petition. The same is accordingly dismissed. Service - Discharge from service - Section 43 and 122 of Army Act, 1950 - Petitioner was enrolled in artillery regiment of army - He was discharged from service on account of

J.W.O. B.K. Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 14, 21, 226 and 227;; Air Force Act, 1950 - Sections 4(XV), 34 to 71, 110, 121, 152, 153 and 161;; Army Rules - Rule 37;; Air Force Rules, 1969 - Rules 34 to 38, 40, 40(1), 43 and 43(2), (3) and (8);; Station Routine Orders

Reported in : (2000)3CALLT528(HC)

Chandra Goswami, : 1999CriLJ2877 the apex Court had occasion to consider the similar provision in Rule 37 of Army Rules. In paragraph 7 of the judgment the said Rule has been quoted by Their Lordships. The apex … officer empowered for that behalf by warrant of the Central Government under section 153 of the Air Force Act. 1950 (for short 'the Act'). The respondent has moved CAN No 7513 of 1999 for vacating and/or recalling the … in this behalf by warrant of (the Chief of the Air Staff).'Rule 43 has amended by S.R.6. 127 dated 27.7.1995 lays down. 1. An officer

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 … Code has no application to an accused under the Act ?(4) Whether the procedures prescribed in Sections 42, 43, 44, 49, 50 and 57 are mandatory in nature and any non-compliance of the requirements contained therein renders

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 … that capacity he was designated as Commanding Officer, 226, Medium Regiment of 43 Artillery Brigade. As part of his duty he had to write interim

inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...

Court : Delhi

Subject : ServiceConstitution

Acts : Constitution of India - Articles 197, 309, 310, 310(1), 311, 311(2), 372(1) and 447; Code of Civil Procedure (CPC), 1908 - Sections 9; The Civilians in defense Services (Classification, Control and Appeal) Rules, 1952 - Rules 1, 3, 4, 8, 9, 24, 25, 26 and 31; Government of India Act, 1935 - Sections 240, 240(3) and 241; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55; Railway Establishment Code, 1959 - Rules 148(3) and 149(3); Indian Navy (Discipline) Act, 1934; Army Act, 1950; Indian Air Force Act, 1950; Civil Service Regulations - Regulation 197-A - Schedule - Articles 442 and 443; Motor Vehicles Act - Sections 43-A

Reported in : AIR1969Delhi220

such penalties. These Rules apply to every person paid from defense services estimates and nto subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Indian Air Force Act, 1950, who is in the whole … statement, viz., that in matters at defense personnel the jurisdiction of the Civil Courts is impliedly barred under Section 9, Civil Procedure Code. (This appears to have been raised by way of amendment to the written statement … reference to the directions issued by the Government of Madras under Section 43-A of the Motor Vehicles Act. Thus, a simple dichotomy between directions and