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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 … It was held, that the executive functions of the President are to be exercised by virtue of Article 74 with the aid and advice of the Council of Ministers. The President has under Rules or Business prescribed

Dr. Subhendu Sen (Vsm) Vs. Government of India and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Army Act, 1950 - Sections 39, 52, 71, 74, 153, 154, 155(2), 157, 158, 160(1), 164(1) and (2) - Rules 68(3) and 105; Constitution of India - Articles 33 and 226

Reported in : 1998(1)ALD773

Cashiering could be awarded only when the delinquent was awarded either death sentence, imprisonment for life or imprisonment. Section 74 of the Army Act does lay down that a sentence of death, imprisonment for life or imprisonment must … first three charges were framed under Section 52(b) and the 4th charge was under Section 39(a) of the Army Act, 1950.4. The General Court-Martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. During the proceedings 32 persons were examined as

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 … proved loss or damage accessioned by the offence of which he is convicted is made good.'19. According to Section 74, before an officer is awarded any of the punishments specified in clauses (a) to (c) of Section 71,

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 10, 18, 19, 22, 191 and 192; Evidence Act - Sections 114; Government of India Act, 1935 - Sections 49 and 75; Constitution of India - Articles 33, 53, 53(1), 73, 73(1), 74, 74(1), 75, 77(1), 77(3), 161(1), 161(2), 162, 166(3), 226 and 309; Andhra Pradesh Agricultural Produce and Livestock and Markets Act, 1966; Defence Service Regulations, 1962 - Regulation 103; Army Rules, 1954 - Rules 16-A, 16-B, 16B(1) and 16B(2); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : (1986)IILLJ1AP

The appointing authority of the appellant is the President of India by operation of S. 10 of the Army Act 1950 (46 of 1950), for short, 'The Act'. Therefore, we hold that executive action of the Union of India … latent was made patent by Office Order No. 51 dated 16th August, 1984 but its result is inconsequential. Section 114(c) of the Evidence Act permits to draw presumptive evidence that official acts have been regularly performed. In … respect to which the Parliament has power to make laws under Art. 74(1) of the Constitution, his functions under the Constitution shall be exercisable with

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed. Section 74 speaks about the powers of a SSFC. Sub-section (1) thereof provides that the SSFC may try any offence

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Subject : MRTP

settled.90. In AIR1999SC3833: (1999) 8 SCC375UOI vs. Sadha Singh, the respondent was convicted under Section 69 of the Army Act, 1950 for the offence of murder. The court observed that the Army Act was a special Act which provided … interpretation which would guide the present adjudication. IT Act being a penal statute needs to be strictly construed 74. It has been submitted that the IT Act, 1956 is a penal statute which deals with all persons

Ashok Kumar Singh Vs Union of India and ors.

Court : Delhi

Subject : Land Acquisition

from time to time(b) Notwithstanding above, all members of the Force are also subject to certain provisions of Army Act, 1950 and Rules made thereunder as laid down in S.R.Os. 329 and 330 of 1960."3. Pursuant to a selection … six GREF personnel to Dett Debring, met with an accident at KM 74 on Upshi-Sarchu road due to negligent driving on the part of said … on the following charge:- " Article 1 That the said Shri Ashok Kumar Singh (G/162705 MT Dvr) of Sec. 1 of 591 Tpt P1 (GREF) while attached with 51 RCC for duty, his vehicle TATA Tipper BA

R. Chatterjee Vs. Sub Area Commander H.Q. Madras

Court : Chennai

Subject : Criminal

Acts : Indian Army Act, 1911 - Sections 2 and 2(2); Constitution of India - Articles 33, 35 and 372

Reported in : AIR1951Mad777; (1951)1MLJ258

Act of 1911. In parenthesis it may be stated that Act No. XLVI [46] of 1950 designated the Army Act, 1950 which came into force on 22-6-1950, though it has no direct appln. to the present case, can also … & not the terms of contract as alleged by the petnr. is evident from a perusal of various sections of the Army Act. It has also to be noted that the so-called contract as contained in annexure … on 5-7-1950, his detention under para. 6, Special Indian Army O. No. 74/1945 is justified. The Special Indian Army Order No. 74/1946, para. 6, reads

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 … as contravention of these instructions is 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. : (1978)ILLJ6SC , this Court, while considering … in exercise of legislative power and not open to challenge.HELD See paras 74 and 75. - INDIAN EVIDENCE ACT, 1872.Section 113-B;[V.S. Sirpurkar & R.M. Lodha, … Mizoram, Nagaland and Tripura. The expression 'disturbed area' has been defined in Section 2(b) to mean an area which is for the time being declared

A.K. Harida Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1988CriLJ597

reconsider the question regarding sentence which was too linient, by exercising revisional powers under Section 160 of the Army Act, 1950, (hereinafter referred to as the Act). The petitioner was then given a notice by GCM on 18-9-1986 directing … Court on 24-9-1986. On 25-9-1986 on reconsideration of the sentence, the GCM awarded cashiering of the petitioner under Section 74 of the Act. The petitioner also moved an application for joining the members of the GCM as respondents