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Surinder Singh Sihag Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 48, 48(2), 80 and 81; Army Rules, 1954 - Rule 13; Constitution of India - Articles 14, 21, 300A and 309

Reported in : 100(2002)DLT705; 2003(1)SLJ154(Delhi)

are as under :-(i) The show-cause notice issued by the Brigadier is contrary to the provisions of the Army Act, 1950 and the Army Rules, 1954;(ii) As the orders awarding punishment had been passed by authorities lacking inherent jurisdiction, … petition, we may notice some of the relevant provisions of the said Act and the Rules framed there under.Section 48 of the said Act reads thus :-'48. Intoxication.-(1) Any person subject to this Act who is found in

Union of India and ors. Vs. Subedar Ram Narain

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 40, 48, 71, 73, 113

Reported in : AIR1998SC3225; JT1998(6)SC383; 1998LabIC3530; (1999)ILLJ77SC; 1998(5)SCALE278; (1998)8SCC52; [1998]Supp1SCR616

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 in a state of intoxication while on duty.3. The General Court … 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

Shashi Kumar Mishra Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Service

Acts : Army Pension Regulations, 1961 - Regulations 6 and 48; Army Act, 1950 - Sections 192

Reported in : 1996(0)MPLJ237

pension under Pension Regulations for the Army, 1961 (Part-I) (for short 'Regulations') framed under Section 192 of the Army Act, 1950, was considered and rejected as the injury received was not attributable to nor aggravated by the military service. … was not attributable to nor aggravated by the military service, therefore, the disability pension in terms of Regulation 48 was rightly denied to him and the gratuity admissible to him of Rs. 478.85 was paid to him.5.

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Subject : Service

Acts : Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

powers of MG ASC, HQ Southern Command. 10. We notice the relevant provisions of the Acts and Regulations:-The Army Act 1950 '71. Punishments awardable by courts-martial.- Punishments may be inflicted in respect of offences committed by persons subject to … he was tried by General Court Martial on certain charges and was dismissed from service on 13.6.1988 under Section 71 of the Army At. He submitted papers for payment of pension stating that he had qualifying service. … Officer-in-Charge. Communication center, Delhi and thereby committed an offence punishable under Section 48(c) of the Navy Act, 1957. 4. Did on the Twenty ninth day

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

or he thinks fit.23. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … the witnesses. After recording the evidence of the witnesses, the statement of the appellant was recorded under Rule 48.3 of the Border Security Force Rules, 1969. The appellant clearly stated that he had cross-examined the witnesses. He

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

or he thinks fit.19. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … the witnesses. After recording the evidence of the witnesses, the statement of the appellant was recorded under Rule 48.3 of the Border Security Force Rules, 1969. The appellant clearly stated that he had cross-examined the witnesses. He

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

Court : Rajasthan

Subject : Service

Reported in : 1997(2)WLC464; 1997(1)WLN201

in regard to the inflicting of punishments on B.S.F. personnel are para materia to Section 71 of the Army Act, 1950, under which provisions the army officers were tried and punished in the cases which had come up before … punishment for forfeiture of service for the purpose of pension or any other prescribed purpose in terms of. Section 48(g) of the Border Security Force Act.4. The facts as stated by the petitioner are not denied in the

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

Subject : Land Acquisition

the matter, is similar to the power vested in Commanding Officer in a Summary Court Martial under the Army Act, 1950. He submits that this is a peculiar power given to the Armed Forces keeping in mind the unique … reduce the sentence or commute the punishment awarded to one lower in the scale of punishment given in [section 48 and return it to the unit of the accused for promulgation] (2) Where no action under sub-rule (1)

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21

Reported in : 2003CriLJ3999

permission to meet the detenu, but he was not allowed to see him. Under Section 101(1) of the Army Act, 1950 ('the Act' for brevity) it is the duty of the officer taking a person into military custody to … arrest of that person in writing, signed by himself, as soon as practicable, and in any case within 48 hours after the arrest. This penal provision is a clear indication that the Officers who are effecting the

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Subject : ServiceCivil

Acts : Army Act, 1950 - Sections 39, 48, 69, 120(2), 147, and 165; Army Rules, 1954 - Rules 22, 33, 34, 129 and 147; Constitution of India - Article 226

Reported in : (2004)1UPLBEC266

failing to appear, without sufficient cause, at the time fixed and place appointed for duty; and* Third under Section 48 of the Army Act with regard to the petitioner having been found in a state of intoxication.2. All … 6.7.1992 and the three charges framed against him were as follows :* First under Section 69 of the Army Act for committing civil offence, that is to say using force on a woman with intent to outrage her … provisions of the Army Act and Rules may be reproduced below:--The Army, 1950--'Section 120. Powers of Summary Courts Martial.--(1) Subject to the provisions of Sub-section