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In Re: B.M.G. Pharmaceuticals (P) Ltd. (In Liquidation)

Court : Kolkata

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 2; ;Workmen's Compensation Act, 1923 - Section 14; ;Employees' State Insurance Act, 1948; ;Companies Act, 1913 - Sections 230(5), 529(1) and 529(3); ;Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 11 and 11(2); ;Air Force Act, 1950; ;Army Act, 1950; ;Navy Act, 1957; ;Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1973 - Sections 11(1), 14B, 15(2), 17 and 17(6); ;Presidency-towns Insolvency Act, 1909 - Section 49; ;Provincial Insolvency Act, 1920 - Section 61; ;Companies (Amendment) Act, 1956 - Section 53C, 235, 237, 529, 529A, 529A(1), 530, 530(1) and 530(8); ;Apprentices Act, 1961; ;Income Tax Act, 1961 - Section 220(2) and 220(3); ;Companies (Amendment) Act, 1985

Reported in : (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal

include any such person:(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or(ii) who is employed in the police … order of adjudication or winding up is made, be deemed to be included among the debts which under Section 49 of the Presidency-towns Insolvency Act, 1909 (3 of 1909), or under Section 61 of the Provincial Insolvency Act,

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 … the Allahabad High Court after referring to the provisions contained in Rules 49 and 55 of the Civil Services (Classification, Control & Appeal) Rules, came … 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

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 10, 18, 19, 22, 191 and 192; Evidence Act - Sections 114; Government of India Act, 1935 - Sections 49 and 75; Constitution of India - Articles 33, 53, 53(1), 73, 73(1), 74, 74(1), 75, 77(1), 77(3), 161(1), 161(2), 162, 166(3), 226 and 309; Andhra Pradesh Agricultural Produce and Livestock and Markets Act, 1966; Defence Service Regulations, 1962 - Regulation 103; Army Rules, 1954 - Rules 16-A, 16-B, 16B(1) and 16B(2); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : (1986)IILLJ1AP

The appointing authority of the appellant is the President of India by operation of S. 10 of the Army Act 1950 (46 of 1950), for short, 'The Act'. Therefore, we hold that executive action of the Union of India … as an officer subordinate to the Governor within the terms of S. 49 of the Act of 1935, they should not have let the matter … latent was made patent by Office Order No. 51 dated 16th August, 1984 but its result is inconsequential. Section 114(c) of the Evidence Act permits to draw presumptive evidence that official acts have been regularly performed. In

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of … etc., are individual offences. The offence under Section 37 deals with mutiny, Section 43 deals with fraudulent enrolment. Section 49 deals with abetment and certain offences under Section 52 like misappropriation of criminal breach of trust. These are

G. Pratibha Raghuram W/O Shri G. Raghuram and S.K. Alwar F/O G. Pratib ...

Court : Mumbai

Subject : Service

Acts : Navy Regulation; Navy Act, 1957 - Sections 49, 49(1), 49(2), 51 and 183; Army Act, 1950; Evidence Act, 1872

Reported in : 2008(5)ALLMR335; 2009(1)BomCR210; (2008)110BOMLR2571

between a deserter and a person who was absent without leave. It was concerned with provisions of the Army Act, 1950.13. Then, there is a judgment dated 27th March, 1997 of a Division Bench of Himachal Pradesh High … of the Navy Act, 1957 and also the Regulations framed under the Act. We are concerned with only Section 49(1), and the bare perusal of this provision would show that a person can be deserter if he absents

Manjit Singh Vs. Union of India and ors.

Court : Delhi

Subject : Land Acquisition

Summary Court Martial were two in numbers. The first was for the offence under Section 36(d) of the Army Act, 1950 i.e. without orders from the superior officer leaving his guard. It was alleged that while on duty the … 2000 without permission from his superior officer. The second charge was of having committed an offence under Section 49(b) of the Army Act 1950 on the allegation that the act of being away from the duty place

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Subject : Land Acquisition

that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist … disproportionate.152. At this stage, we would like to make it clear that Section 6 of the AFSPA and Section 49 of the UAPA[65]. presently have no application to this case. It has yet to be determined whether 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 … Section 19. The exercise of the powers under Section 18 is in the manner prescribed by the President.' 49. The learned Single Judge, with respect, has not been pleased to appreciate the position of law in its

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 … these petitions under Article 32 of the Constitution. In Writ Petition No. 4903/81 the petitioner has also challenged the constitutional validity of Rules 22, 23,

G.J.Rama Subba Reddy Vs. the Commanding Officer, 26 Maratha Light Infa ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

Police, Kurnool District, informing the Police that the applicant has committed an offence under Section 39(b) of the Army Act 1950 (overstayal of leave) and requested the Civil Police to apprehend and produce him to the nearest Military Unit/Formation … the Honourable Delhi High Court reported in Smt.Harnandi Vs. Union of India and others reported in 2002(2) SLJ 49, wherein it has been held as follows:-“There is no provision in the Act or Rules envisaging automatic termination