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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 … 3 December, 1977 or some times prior to it. The portion pertaining to espionage activities described during Nov. 77 as given in my statement is totally false, baseless, concocted and fabricated fairly tale. There is no truth,

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 … be expressed to be taken in the name of the President (Art. 77(1). The President under Art. 77(3) shall make rules for the more convenient

Major Ss Chillar Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

disposal of this petition are that the petitioner was charged for an offence under Section 69 of the Army Act, 1950 committing a civil offence under suspicious circumstances, contrary to Section of the Explosive Substances Act, 1908. Petitioner was … Cantt, is „Guilty. Of the charge with the exception of the words and figures “Lot No. 610H KF 77”. SENTENCE The Court sentence the accused IC-26965 W Major (Substantive) CHILLAR Satvir Singh, HQ Establishment No. 22 (Project

Major Jagjit Singh Dhillon Vs. Union of India (Uoi) Through Secy., Def ...

Court : Punjab and Haryana

Subject : Constitution

Acts : Army Act, 1950 - Sections 18 and 19; Constitution of India - Articles 77 and 310

Reported in : AIR1970P& H346

matter nor did he direct the issue of the Show Cause Notice. Sections 18 and 19 of the Army Act, 1950, are as under:--'18 Tenure of service under the Act --Every person subject to this Act shall hold office … the Central Government but for and on behalf of the President. Article 77 of the Constitution enables the President to make rules for the exercise … asked to submit his explanation which he did on February 13, 1961. Thereafter he filed a complaint under Section 500, Indian Penal Code, in the Court of Magistrate 1st Class, Jabalpur, against the said Rattan Kaur, wherein

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

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 164(2); Rent Act, 1957 - Sections 16; Hyderabad District Municipalities Act, 1956 - Sections 77; Delhi Laws Act - Sections 6(2); Companies Act, 1956 - Sections 108 and 629A; Army Rules, 1954 - Rule 34

Reported in : JT2009(12)SC364; 2009(12)SCALE617; (2009)10SCC552; 2009(10)LC4550(SC):2009AIRSCW6354

years and (ii) dismissal from service.5. The respondent aggrieved thereby submitted a petition under Section 164(2) of the Army Act, 1950 before the Chief of the Army staff for setting aside the findings and sentence of the General Court … AIR 1961 SC 1107 construed the expression, 'not less than two-third of the whole number of members' in Section 77 of Hyderabad District Municipalities Act, 1956 as follows:This section confers on the Committee an express power couched in

Lt. Col. (Retd.) Ashok Kumar Vs. Union of India and ors.

Court : Allahabad

Subject : Contempt of Court

Acts : Evidence Act, 1872 - Sections 123; Constitution of India - Article 77(3); Transaction of Business Rules, 1961 - Rule 3; Constitution (Forty-forth Amendment), 1978 - Sections 12; Army Act, 1950 - Sections 27 and 39

Reported in : 1997CriLJ2688

is borne by the record from the order for the assembly of a General Court Martial under the Army Act, 1950. The communique has been issued by the Central Officer Commanding, Madhya Pradesh, Bihar and Orissa. The place is … to give any evidence derived there from, as the document, the Transaction of Business Rules, is privileged under Section 123 of the Indian Evidence Act, 1872.10. The position before the Court lay, thus : One Secretary to … India (Transaction of Business) Rules, dated January 14, 1961, framed under Article 77(3) of the Constitution, provided in Rule 3 about disposal of business by

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

: [1996]3SCR785 . In thesaid case considering the similar provision as to thecommencement of a trial in the Army Act, 1950, this Court held :'In the light of the above discussion, we hold that the trialcommences the moment GCM … Act, the appellant ceases to be a person subject to theBSF Act from such date of his repatriation.10. Section 77 of the Act reads thus:-'77. Trial, etc. of offender who ceases to besubject to this Act- (1) Where

Union of India and ors. Vs. Himmat Singh Chahar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 354; Navy Act, 1957 - Sections 77(2) and 163(1); Army Act, 1950; Air Force Act, 1950; Constitution of India - Article 226

Reported in : AIR1999SC1980; 1999(1)ALD(Cri)913; 1999(2)ALT(Cri)261; 1999CriLJ2894; 1999(3)Crimes60(SC); 1999(2)CTC503; JT1999(3)SC631; 1999(3)SCALE620; (1999)4SCC521; [1999]3SCR513; 199

Navy or Air Force when commit any offence are dealt with by the special provisions contained in the Army Act or the Navy Act or the Air Force Act and not by the normal Procedure Code. The said … said order in the Court Martial Proceeding. In the Court-martial the respondent was found guilty of offence under Section 354 and was sentenced to imprisonment for 9 months, and his services were terminated. Facts culminating in the … of the charge under Section 354 of Indian Penal Code and Section 77(2) of the Navy Act, 1957 (hereinafter referred to as 'an Act') and

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 … a penal statute has to be strictly construed. A later enactment would generally prevail over an earlier statute 77. It is also clear that the JJ Act, 2000 is a later enactment compared to the IT Act,

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 … 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