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Aug 01 1997

Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...

Court : Allahabad

Decided on : Aug-01-1997

Subject : Service

Acts : Army Act, 1950 - Sections 133 and 164(2); Army Rules, 59 and 60; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 164 and 207; Constitution of India - Article 226

Reported in : 1998(1)AWC53

his earlier statement. There is no dispute that the petitioner being an army personnel is subject to the Army Act, 1950. Chapter X of the Act deals with Courts Martial and Chapter XI deals with Procedure of Courts Martial. … in his defence. The petitioner declined to make a statement under Rule 59 (b) of the Army Rules. The Court Martial recorded a finding that … for quashing the finding and sentence of the General Court Martial and the order rejecting the petition under Section 164(2) of the Army Act.2. The petitioner was tried by General Court Martial for stabbing Sepoy Driver Rabari

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Dec 14 2012

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

Decided on : Dec-14-2012

Subject : Land Acquisition

We find that Section 59 of the ITBPF Act, 1992 is para materia with Section 87 of the Army Act, 1950. Section 87 of the Army Act enables a superior military officer to conduct a review of the punishment awarded

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May 23 2001

Virendra Sharma Vs. Union of India and ors.

Court : Rajasthan

Decided on : May-23-2001

Subject : Service

Acts : Army Act, 1950 - Sections 71, 154, 160, 162 and 164(2); Army Rules, 1954 - Rules 34(1), 35(1), 57, 58(2), 58(3), 59, 59-A, 62, 68, 137 and 149; Constitution of India - Articles 21, 32, 33, 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Evidence Act; Army Regulation, 1987

Reported in : 2002(1)WLN252

orders thereto and the order dated 4.7.1991 (Annex. 10-A) by which his petition under Section 164(2) of the Army Act, 1950 (for short, 'the Act') has been rejected by the Central Government. (2). The facts and circumstances giving rise … case other than himself, he may make an opening address before the evidence for defence is given. Rule 59 pertains to Closing Addresses and provides that after the examination of witnesses,the prosecutor may make a closing address

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Sep 27 2004

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Sep-27-2004

Subject : Civil

Acts : Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160

Reported in : 114(2004)DLT792; 2004(77)DRJ480

to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … required to be given a further opportunity to address the court in the order laid down under Rule 59. The judge advocate is authorised to sum up additional evidence, if any required. After revision, the presiding officer

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Aug 22 2006

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-22-2006

Subject : Constitution

Acts : Representation of People Act, 1950 - Sections 13D, 14 to 24 and 30; Representation of People (Amendment) Act, 1951 - Sections 2, 2(1), 3, 3(2), 4, 5, 6, 16, 29A to 29C, 59, 62(4), 64(4), 93, 94, 95, 100(1), 128 and 128(1) - Schedule - Articles 171 and 173; Representation of People (Amendment) Act, 2003 - Sections 3; Constitution of India (Seventh Amendment) Act, 1956; Army Act, 1950; Government of India Act, 1915; Government of India (Amendment) Act, 1919; Government of India (Amendment) Act, 1935; Administrative Tribunal Act, 1985 - Sections 28; Mines and Minerals (Regulation and Development) Act - Sections 15; Constitution of India (Thirty Sixth Amendment) Act, 1975; Goa, Daman and Diu Reorganisation Act, 1987; Constitution of India (Seventh Amendment) Act, 1951; Constitution o

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

the armed forces of the Union; orbeing a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; orbeing a member of an armed … a basic structure of the Constitution.In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballet System is introduced which, according

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Dec 07 1999

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Decided on : Dec-07-1999

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Navy or Air Force when commit any offence are deait with by the special provisions contained in the Army Act, 1950, or the Navy Act 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … externment order, passed under Section 56, and the accused was not given an opportunity to tender explanation under Section 59 and there was disobedience of order and prosecution under Section 142 was launched. In those circumstances, the Supreme

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Mar 12 1992

Miss. Romini Susan Kurian Vs. State of A.P. and Others

Court : Andhra Pradesh

Decided on : Mar-12-1992

Subject : Constitution

Acts : Constitution of India - Articles 14 and 226; Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fees) Act, 1983 - Sections 3 and 15; Andhra Pradesh Professional Institutions (Regulation of Admission into Under-graduate Professional Courses through Common Entrance Test) Rules, 1989 - Rule 9(4); Army Act, 1950 - Sections 192; Army Order - Orders 59 and 79

Reported in : AIR1992AP380

of A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fees) Act, 1983 and Section 192 of Army Act, 1950 - petitioner appeared for common entrance test for admission to Medical College - father of petitioner Army man … to Government of Andhra Pradesh, Medical & Health Department stating that as per Appendix 'C' to Army Order 59/79, Vishisht Seva Medal was listed as distinguished service-devotion to duty award and did not fall under the category

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Dec 20 2004

Hindustan Lever Limited Vs. Hindustam Lever Employees Union and B.S. B ...

Court : Mumbai

Decided on : Dec-20-2004

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971; Industrial Disputes Act, 1947 - Sections 2, 2A, 3A, 9A, 10A(3A), 18, 19, 25F, 25G, 25O, 36, 36(1) and 38; Air Force Act, 1950; Navy Act, 1957; Army Act, 1950; Bombay Industrial Disputes Rules, 1957 - Rules 25 and 62; Constitution of India - Article 32; Civil Services (Classification, Control and Appeal) Rules; Civil Services (Temporary Service) Rules; Revised Leave Rules; Civil Service Regulations; Civilians in Defence Services (Classification, Control and Appeal) Rules; Indian Railway Establishment Code; Karnataka Industrial Rules - Rule 59

Reported in : (2006)ILLJ1119Bom

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 962 of 1957); or (ii) who is employed in the … the case of lock out. Interestingly, the learned Single Judge considered rule 59 of the Rules of Karnataka Industrial Rules, and held that the settlement … said unfair labour practice. iii) It is further declared that discontinuation of lines in Hard Soaps Department, a Section of Toilet Soaps Departments, Printing Department and the closure of E.P.C. (Machine Building) Department and the Sulphanation Department,

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Feb 03 2012

Lt Col Hardeep Sandhu Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Feb-03-2012

Subject : Right to Information

R. Jayaprasad Vs Union of India and Ors., wherein the Hon‟ble High Court of Delhi observed as under:- “Army Act, 1950- Section 27- Defence Services- Premature Retirement- Refusal on ground of foreign service liability- Fallacious, unsustainable and quashed- Assignment given … considering his PMR. 16. In support his contentions, Ld. Counsel for the applicant cited the following citations:- (i) 59(1995) DLT 573 (DB) in the matter of Major Rahul Shukla Vs Union of India and Ors., wherein the

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Feb 28 1997

Kapila Uppal Vs. Kishan Dutt

Court : Delhi

Decided on : Feb-28-1997

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1988 - Sections 110

Reported in : I(1998)ACC435; 1997ACJ600; 1997IIAD(Delhi)824; 1997(41)DRJ225

allowed--Impugned order set aside--Cross objections rejected. - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna & S.L.Bhayana,JJ] Army Act (46 of 1950), Section 192 & Pension Regulations for the Army (1961), Regulation. 173 Claimant was on casual

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