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Major S. Ravi and Others Vs. Union of India and Others

Court : Andhra Pradesh

Subject : Service

Acts : Army Act - Sections 2, 2(1) and 25; Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950 - Rule 7; Constitution of India - Article 309

Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647

deal with each and every aspect of the matter. Suffice it to elaborate and understand the import of Section 25 of the Army Act, 1950 and Rule 7 of the Survey of India (Recruitment from Corps of … the 2nd respondent under Article 309 of the Constitution of India, yet their pay is protected under the Army Act, 1950. Further in view of the rule position, they can even be repatriated to the Armed Forces, whenever the

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Subject : Criminal

Reported in : 1976CriLJ796

be no manner of doubt that the offences alleged come within the purview of Section 52 of the Army Act, 1950. Therefore, such offences could be also tried by the court martial. It is only with regard to the … also tried by the court martial. It is only with regard to the offences as enumerated under Section 70 of the said Act, the Court Martial has no jurisdiction to try an offender governed by the Army

M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : 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)

Reported in : 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. … Khan v. Chief of Army Staff, which was finally disposed of by this Court by its order dated 7.12.1998 directing the Chief of Army Staff to consider and dispose of the petitioner's statutory petition preferred under Section

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … composition of Tribunal and Benches thereof. Section 6 deals with qualifications for appointment of Chairperson and other members. Section 7 deals with appointment of Chairperson and other members. Section 8 deals with term of the office. Section 9

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Labour and Industrial

Reported in : 1972MPLJ449

226 of the Constitution would be able to interfere with the decision of a Court constituted under the Army Act, 1950, subject to the limitations pertaining to interference with decisions of Special Tribunals. Of course, as provided by Sub-clause … before Sankaran, J. inVishnukrishnan Namboodiri v. Brigadier K.N. Kripal A.I.R. 1952 Trav-Coch. 7, wherein the learned Judge held that ordinarily the Civil Court would have … such he could not have been tried by the General Court-Martial. On that contention the petitioner's conviction under Section 304 read with Section 149, Indian Penal Code, and the sentence of six years' rigorous imprisonment was sought

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

should not be confused with the expression 'corps'. Both connote a distinct and different unit in the army. Section 7 and Rule 189 operate in a different situation. They merely specify who is the commanding officer of a … 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

Sushil Kumar Pandey Vs. Union of India and ors.

Court : Patna

Subject : Service

A decision was taken to initiate summary Court Martial proceeding for his absence under Section 39(a) of the Army Act, 1950 and the appellant participated in the said proceeding and put his signature on the relevant documents. Thereafter, punishment

ic-42417 F. Major T.K. Chatterjee Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Constitution

Acts : Mizoram Liquor Total Prohibition Act, 1995 - Sections 7, 8, 8(1), 24, 45, 50, 51 and 54(3); Army Act, 1950 - Sections 69; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 100(4) and 100(5); Evidence Act; Indian Penal Code (IPC) - Sections 107 and 108; Constitution of India - Articles 33 and 226; Mizoram Liquor Total Prohibition Rules

7.6. The respondent authority invoked jurisdiction for trial of the petitioner as provided in Section 69 of the Army Act, 1950. The provisions contained therein provide for punishment of any person subject to this Act who at any place

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 … year 1977 for his absence without leave but not on the ground of espionage. He was sentenced to 7 years' imprisonment besides order of dismissal from service. For reasons best known to the respondents he was granted

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 … conjoint reading of the relevant statutory provisions and Rules make it clear that the term “institution” contained in Section 7 of the 1990 Act means taking cognizance of the offence and not mere presentation of the charge-sheet by