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Oct 19 2000

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Oct-19-2000

Subject : Service

Acts : Punjab Government National Emergency (Concession) Rules, 1965 - Rule 2; Army Act, 1950 - Sections 3, 4(1), 63, 73, 81(4), 113, 114 and 116(1); Constitution of India - Articles 33 and 352

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

Court considered the nature of the service in the G.R.E.F. and the applicability of certain provisions of the Army Act, 1950 for the purpose of taking disciplinary action against the Officers of the G.R.E.F. In that judgment this Court … the G.R.E.F. on 8-11-1966 and was discharged sometime before 24-11-1972. He joined the Punjab Agriculture University as a Section Officer and on 7-9-1973, in the Municipal Committee, Ludhiana. In the year 1976 the services of the employees … of the Notification relates to certain amendments in Sections 3, 63, 73, 81(4), 113, 114 and 116(1) of the said Act. In the above judgment,

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Sep 11 2002

Surinder Singh Sihag Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Sep-11-2002

Subject : Service

Acts : Army Act, 1950 - Sections 48, 48(2), 80 and 81; Army Rules, 1954 - Rule 13; Constitution of India - Articles 14, 21, 300A and 309

Reported in : 100(2002)DLT705; 2003(1)SLJ154(Delhi)

are as under :-(i) The show-cause notice issued by the Brigadier is contrary to the provisions of the Army Act, 1950 and the Army Rules, 1954;(ii) As the orders awarding punishment had been passed by authorities lacking inherent jurisdiction, … under :-'80. Punishments of persons other than officers, junior commissioned officers and warrant officers.-Subject to the provisions of Section 81, a commanding officer or such other officer as is, with the consent of the Central Government specified by

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Jan 04 2002

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Decided on : Jan-04-2002

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

the Sections 80 and 81 of the BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused

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Aug 12 2014

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

Court : Delhi

Decided on : Aug-12-2014

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 … some contrary provisions that may be found either in the same enactment or some Crl Rev.No.443/2009 & Crl.M.A.No.3071/2010 81 other enactment, that is to say, to avoid the operation and effect of all contrary provisions. (Ref :

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Dec 21 2000

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-21-2000

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

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Mar 05 2003

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

Court : Supreme Court of India

Decided on : Mar-05-2003

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 … Section 77(2) ofthe BSF Act. Therefore, even this Section 80 would not apply tothe facts of this case.15. Section 81 of the BSF Act reads thus:-'81. Power of criminal court to require delivery ofoffender-- (1) When a criminal

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Oct 16 2001

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Decided on : Oct-16-2001

Subject : Service

Acts : Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

powers of MG ASC, HQ Southern Command. 10. We notice the relevant provisions of the Acts and Regulations:-The Army Act 1950 '71. Punishments awardable by courts-martial.- Punishments may be inflicted in respect of offences committed by persons subject to … that provisions of Regulation 15(2) of the Navy Pension Regulation are not ultra vires of the provisions of Section 81 82 47 and 27 of the Navy Act and that where the Court Martial has imposed a punishment

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Jun 04 2007

Kalawati Pandurang Fulzele Vs. Divisional Controller

Court : Mumbai

Decided on : Jun-04-2007

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 2, 2(14), 3, 3(5), 10(2), 28 and 44; Industrial Disputes Act, 1947 - Sections 2, 25B, 25F and 25G; Industrial Disputes (Bombay) Rules, 1957 - Rule 81; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 2; Contract Labour Act; Labour and Industrial Law; Constitution of India - Articles 14, 15(1), 15(3), 38, 39, 41, 42, 43, 46, 47 and 227

Reported in : 2007(5)ALLMR80; 2007(5)BomCR177

include any such person-(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or(ii) who is employed in the police … or published and there was thus violation of Section 25-G and Rule 81 of the Industrial Disputes Act (Bombay) Rules, 1957. The reasons for termination … treated as the one under Article 227 of the Constitution of India.FACTS3. The petitioner filed a complaint under Section 28 read with item (1) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of

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Feb 25 2022

Nkgsb Cooperative Bank Limited Vs. Subir Chakravarty

Court : Supreme Court of India

Decided on : Feb-25-2022

Subject : Land Acquisition

(“subordinate officer”) of the Central Reserve Police Force Act, 1949; Section 47 (“his subordinate in rank”) of the Army Act, 1950; Section 17 (“by an officer subordinate to that Government” and “by an officer subordinate to the State Government”) and … Weapons Convention Act, 2000; Section 80 (“any officer subordinate to the Board”) of the Bihar Reorganisation Act, 2000; Section 81 (“any officer subordinate to the Board”) of the Uttar Pradesh Reorganisation Act, 2000; Section 26 (“such officer subordinate

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Aug 29 2001

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

Court : Andhra Pradesh

Decided on : Aug-29-2001

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

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 … 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 … Pay with effect from 1-9-1981 in pursuance of the proceedings No. 30/(10)/ 81/D (Pay/Service), dated 6-11-1984 issued by the first respondent consequent upon the acceptance

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