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

Court : Allahabad

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. … counsel has also urged that there has been a violation of Rule 60 of the Army Rules as the summing up of by the learned … 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

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

Court : Delhi

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 … accused was found guilty by the Court on seven charges falling under Army Act Sections 45, 52(f), 57(a), 60 and Section 63, which essentially involve moral turpitude. The Court no doubt is not obliged to award the

Mrs. V. Nalini Kumari and Others Vs. Union of India, Rep. by – Mi ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

to exercise such choice in view of the circumstances stated. According to Section-60 (1) CPC and Section-28 of Army Act, 1950, the pay and allowances cannot be attached. The documents produced by the 4th respondent would disprove the case

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 … 2 and pages of the files are also given in the written notes, some files containing more than 600 pages.131. A perusal of the counter affidavit filed by the respondents in all the cases give us an

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … No. 1 was alleged to has absented himself without leave on four occasions which was an offence under Section 39(1) of the Army Act. He was also charged under Section 63 of the Army Act for violation … and the Rules. He has specifically referred to the provisions of Rules 60, 61,62 and 105 of the Rules to emphasise the importance of the

Harpal Singh Vs. Union of India

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 52; Army Rules, 1950 - Rule 22; Constitution of India - Article 21

Reported in : 1996(37)DRJ390

General had been duly empowered. The said circular reads as under:- 'IN pursuance of the provisions of the Army Act, 1950 (XLVI of 1950), the Central Government is hereby pleased to empower you, or the officer on whom your … challenge to such authority is without merit and is rejected. Further, the aforesaid authorisation is in accordance with Section 60 of Indian Army Act and the Rules framed thereunder, particularly Rules 68 and 70.(7) The next contention of

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 19, 20, 20(3), 22, 60, 63, 71, 80, 83, 84, 85, 121, 161, 162, 179, 179(3), 179(4), 179(5A) and 179(6); Army Rules, 1954 - Rules 13(3), 14, 17 and 177(1); Constitution of India - Articles 32, 33, 136, 226, 227 and 227(4)

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and … petitioner that action is sought to be taken against him under the charge of giving false evidence under Section 60 of the Army Act. Section 60 reads thus:60. False evidence. Any person subject to this Act who, having

Banka Das, Vs. State of Orissa

Court : Orissa

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to … a person indulging in narcotic drugs and psychotropic substances trade. In the absence of any stipulation in Section 60(1) of the Act, the concerned official has no duty to inform the person that if he desires he

Raj Kumar Jha Vs. University of Delhi and ors.

Court : Delhi

Subject : Election

forces of the Union; or (b) being 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; or (c) being a member of … under:17. Definitions.--In this Part, [(a) service voter'' means any person specified in clause (a) or clause (b) of section 60, but does not include classified service voter defined in rule 27M;] (b) special voter'' means any person holding

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 … provided under Article 276 of the Constitution of India, read with Entry 60 of the List-11 of the Seventh Schedule. Under the said Article the … authorities are in no way affected by such exemption. The learned Counsel also referred to the provisions of Section 2(e), which defines the term 'employee' and contended that the members of the petitioners would not fall under