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M.E.S. Employees Union, A.P. Area, Secunderabad Vs. Govt. of A.P. and ...
Andhra Pradesh
Jul-05-2001
Other Taxes
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
[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 … the tax was collected for the benefit of the local authorities. The learned Counsel also contended that under Section 5 of the Act it is the employer's liability to deduct and pay tax on behalf of the employees.
Tag this Judgment! AI Brief & AskShish Ram Vs. Union of India (Uoi) and ors.
Delhi
Nov-22-2004
Service
Army Act - Sections 2, 2(1), 2(2) and 20(3); Indian Reserve Forces Act, 1950 - Sections 5; Indian Reserve Forces Rules, 1955; Indian Reserve Forces Act, 1888 - Sections 4, 5 and 10; ; defense Service Regulations - Rule 206
115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)
the aforesaid contention, the counsel also referred to the provisions of Section 5 of the Indian Reserve Forces Act, 1950 and the Indian Reserve Forces Rules, 1955.8. In the light of the aforesaid submissions, we have carefully perused … personnel and consequently could not have been dismissed from service under the provisions of Section 20(3) of the Army Act. In support of the said plea the petitioner has relied upon Regulation 206 of the defense Services Regulations
Tag this Judgment! AI Brief & AskDaya Shankar Tiwari Vs. Union of India (Uoi) and ors.
Allahabad
Sep-17-2004
Service
Constitution of India - Articles 21, 226 and 311(2); Army Act, 1950 - Sections 20(3), 105 and 106; Army Rules, 1954 - Rules 13, 13(2), 13(3), 13(5) and 17; Army Pension Regulation, 1961 - Regulation 132; Army Regulations, 1987
2005(1)ESC255
copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :'105. Capture of deserters--(1) Whenever any person subject to this … issuance of suitable writs and directions for quashing the impugned orders dated 21.10.1999 and 12.4.2000, contained in Annexures 5 and 5-A respectively to the writ petition.3. By order dated 21.10.1999, the petitioner was dismissed from service by
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...
Mumbai
Jul-07-2006
Other Taxes
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
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 … 'Indian Navy' has been defined to mean the regular naval forces raised and maintained by the Central Government. Section 5 enables Central Government to raise and maintain a regular naval force and also reserve and auxiliaries naval force.
Tag this Judgment! AI Brief & AskColonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...
Andhra Pradesh
Jul-03-2001
Service
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
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 … Section 122 of the Act. The learned single Judge dismissed both the writ petitions placing reliance on Rule 53 of the Army Rules 1954 (hereinafter called 'the Rules'). The common judgment and order of the learned single
Tag this Judgment! AI Brief & AskAjit Kumar Vs. Union of India (Uoi) and ors.
Supreme Court of India
Nov-25-1987
Criminal
Code of Criminal Procedure (CrPC) - Sections 5 and 428; Army Act, 1950 - Sections 2, 167 and 169
AIR1988SC283; 1988(36)BLJR571; 1988CriLJ417; 1988(1)Crimes207(SC); JT1987(4)SC462; 1988(1)KLT230(SC); 1987(2)SCALE1113; 1987Supp(1)SCC493; [1988]2SCR40; 1988(2)SLJ1(SC); 19
K. Jagannatha Shetty, J.1. The petitioners have been convicted and sentenced by the General Court Martial under the Army Act, 1950. They have been lodged in civil jails. They seek a set off of their pre-trial detention against the … record to indicate that the cases against the petitioners were investigated or enquired into under the Code. Secondly, Section 5 of the Code provides:Nothing contained in the Code shall, in the absence of a specific provision to the
Tag this Judgment! AI Brief & AskN.R. Ajwani Vs. Union of India (Uoi) and ors.
Delhi
Dec-21-2000
Service
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
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 … DDMI to send 2 JCO's to the residence of the deceased Hav. to pay a sum of Rs. 500/- to the next of kins so that they may not raise any objection. The appellant had to do
Tag this Judgment! AI Brief & AskAjai Kumar Roy Vs. the Union of India (Uoi) and ors.
Andhra Pradesh
Apr-10-2003
CriminalConstitution
Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21
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 … Where any person arrested shows symptoms of sickness, medical assistance shall be provided for such person. 12. Section 50 of the Army Act, 1950 reads as follows :50. Irregularity in connection with arrest or confinement.-- Any person
Tag this Judgment! AI Brief & AskM.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.
Allahabad
Aug-29-2001
Service
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)
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. … that a direction be issued to Central Bureau of Investigation to investigate the matter and order respondent No. 5 to make payment of compensation to the petitioner.3. The facts of the case as emerge from the pleadings
Tag this Judgment! AI Brief & AskS. Nagendran Vs. Government of India, Ministry of Defence and ors.
Andhra Pradesh
Aug-30-1991
Labour and Industrial
Army Act - Sections 19; Army Regulations, 1962 - Regulation - 333
(1992)IILLJ559AP
on two grounds. Any action terminating the services of the employee is subject to the provisions of the Army Act, 1950 and the Rules and Regulations made thereunder. Rule 14 of the Army Rules, 1954 contemplates that before proposing … No 71902/525/D/V.-4 dated June 22, 1988 to show-cause as to why his service should not be terminated under Section 19 of the Army Act read with Rule 14 of the Rules made thereunder. The petitioner submitted a … the duty on August 12, 1979 as Doctor in 16-Medical Battalion, C/o. 56. A.P.O., and posted at Jummadpur, Jammu & Kashmir State. During his service,
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