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M.E.S. Employees Union, A.P. Area, Secunderabad Vs. Govt. of A.P. and ...

Court : Andhra Pradesh

Subject : Other Taxes

Acts : 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

Reported in : [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 … employers a certificate in the prescribed form declaring, inter alia, that he shall get enrolled under sub-section (2)of Section 6 and pay the tax himself; then the employer or employers of such person shall not deduct the tax

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … charges under Section 304 and Section 149 of the Indian Penal Code and sentenced to a period of 6 years rigorous imprisonment and cashiering. Cause has been shown by the Attorney-General on behalf of the Union of

Ex. Gnr. Ajit Singh, S/O Mahesh Chand Vs. the Union of India (Uoi) and ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898; ;Criminal Law (Amendment) Act, 1952 - Sections 6(1); Army Act, 1950 - Sections 32; Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2(l); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3 (1)

Reported in : 2004CriLJ3994; 2004(73)DRJ494

was contended that once an individual is enrolled in the Army, he is governed by the provisions of Army Act, 1950. In para 2 of the counter affidavit the respondent has taken the stand that such person is not … law for the time being in force. 4. Mr. Dalal has further contended that a careful reading of Section 6 which has a non obstinate clause and nothing has been saved from the applicability of the aforesaid Act,

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 … first week of December, 1978. In the year 1978 he was awarded VSM.9. The appellant was transferred to 641 Field Security Section at Red Fort on 3.7.1978 to work as Officer Commanding.10. On 26.8.1978 Col. V.P. Gupta

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … compensation of the loss was preferred by the Supply Depot ASC Panagarh in accordance with the provisions of Section 78B of the Indian Railways (Amendment) Act of 1961 which was registered by the railways and the same … The Station Headquarters ordered a Court of Enquiry vide convening order No. 6065/Q dated 29th January, 1981 whereas it should have been done within 15

S. Nagendran Vs. Government of India, Ministry of Defence and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act - Sections 19; Army Regulations, 1962 - Regulation - 333

Reported in : (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 … records relating to the order of the first respondent in Order No. 6 (181)/88/D (A6) dated December 15, 1988 and to quash the same. In

Major S. Nagendran Vs. Government of India, Ministry of Defence, Rep. ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14(2); Army Regulations, 1962 - Regulation 333(C); Constitution of India - Article 226

Reported in : 1991(3)ALT271; (1992)IILLJ559AP

two grounds. (1) 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 … in Proceedings No. 71902/525/D.V.-4 dated 22-6-1988 to show-cause as to why his services should not be terminated under Section 19 of the Army Act read with Rule 14 of the Rules made thereunder. The petitioner submitted a

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … by a general court martial on four charges referable to certain incidents which had taken place on November 6 and 7, 1975. On March 13, 1976 the court martial announced its finding (subject to confirmation) of 'not

Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

them. Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … the Record Officer, Abhilekha Karyalay dated 30th November, 1991. The Petitioner was advised to file an appeal within 6 months if he was aggrieved by the rejection of his claim.7. The Petitioner did not prefer any appeal.

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431

substance in the complaint, suitable action has been taken against the person concerned under the provisions of the Army Act. The learned Attorney General has placed before us instructions in the form of a list of 'Do's and … punishable under Sections 41, 42(e), 63 and 64(f) of the Army Act, 1950.61. In State of Uttar Pradesh v. Chandra Mohan Nigam and Ors. : … the officer incharge of the nearest police station together with a report of the circumstances occasioning the arrest. Section 6 confers protection to persons acting under the Act and provides that no prosectution, suit or other legal proceeding