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R. Santosh Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Indian Penal Code (IPC) - Sections 34, 302 and 498A; Army Act, 1950 - Sections 80, 91, 92, 93 and 94; Army Regulations - Regulation 51

Reported in : 115(2004)DLT279

Note 2 thereto as appears in the Manual of Indian Military Law read with Section 93 of the Army Act, 1950. According to the respondents the claim of the petitioner for payment of pay and allowances could be conveniently … Military Law:-91. Deduction from pay and allowances of persons other than officers. - Subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this

Major Anurag Pathak Vs. Union of India (Uoi)

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 52, 57 and 71; Army Rules - Rule 149; Evidence Act - Sections 45; Defence Service Regulations; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC)

Reported in : 2007(3)ALLMR228

against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first and the fifth charge i.e. under Sections 52(f) … 1998 a Court Martial was ordered against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first … Force (Special wages Bill Imported Labour) voucher No. CV/60/101/404/CPL dated 28 Feb. 94, and thereby detained Rs. 840/- (Rupees Eight hundred forty only).(b) In a

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 … follows :- “91. Deductions from pay and allowances of persons other than officers.- Subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this

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, … they have been answered in paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77. To express … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the

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 … respondents reliance was placed on the decision of the Division Bench (Hazara Singh v. Union of India, LPA 94/79 decided on 24.8.1981). The judgment in the connected matter was announced on the same day and the judgment

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 122 and 123

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

of 2 years with the intention to drag the period beyond 3 years as per Section 123 of Army Act 1950. It is stated that provisions of Sections 123 of the Army Act were invoked against the petitioner vide

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Representation of People Act, 1950 - Sections 13D, 14 to 24 and 30; Representation of People (Amendment) Act, 1951 - Sections 2, 2(1), 3, 3(2), 4, 5, 6, 16, 29A to 29C, 59, 62(4), 64(4), 93, 94, 95, 100(1), 128 and 128(1) - Schedule - Articles 171 and 173; Representation of People (Amendment) Act, 2003 - Sections 3; Constitution of India (Seventh Amendment) Act, 1956; Army Act, 1950; Government of India Act, 1915; Government of India (Amendment) Act, 1919; Government of India (Amendment) Act, 1935; Administrative Tribunal Act, 1985 - Sections 28; Mines and Minerals (Regulation and Development) Act - Sections 15; Constitution of India (Thirty Sixth Amendment) Act, 1975; Goa, Daman and Diu Reorganisation Act, 1987; Constitution of India (Seventh Amendment) Act, 1951; Constitution o

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

the armed forces of the Union; orbeing 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; orbeing a member of an armed … a basic structure of the Constitution.In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballet System is introduced which, according

Union of India (Uoi) and ors. Vs. Bir Bahadur Chhetri

Court : Guwahati

Subject : Service

given rise to the present appeal, is the writ petitioner's dismissal from service, under Section 20 of the Army Act, 1950, on the ground that the writ petitioner, a member of the Assam Rifles, which is a paramilitary force,

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. … (I) Tk Tptr P1 ASC knowing such accusation to be false : (a) that between 5 and 6August 94 the said officerhas misappropriatedGovernment property bypermitting unauthorisedlifting of 11 barrels of F.O.L.from 680 (1) Tk Tptr P 1ASC

General Court Martial and ors. Vs. Col. Aniltej Singh Dhaliwal

Court : Supreme Court of India

Subject : CriminalService

Acts : Evidence Act, 1872 - Sections 94; Army Rules - Rule 182; Army Act, 1950 - Sections 133 and 134

Reported in : AIR1998SC983; 1998(1)ALD(Cri)470; 1998(1)ALT(Cri)185; 1998CriLJ1402; 1998(1)Crimes62(SC); JT1998(4)SC228; 1997(7)SCALE717; (1998)1SCC756; [1997]Supp6SCR470; (1998)1UPLBEC24

following incidents and offences will be reported :-(a) All cases of assault and affray where persons subject to Army Act are involved.(b) Breaches of discipline :-(i) Collective insubordination.(ii) Suicide, attempted or suspected suicide; (iii) Murder or an attempt … on error that document was inadmissible in evidence.HELD See paras 11 to 13. - INDIAN EVIDENCE ACT, 1872 Section 3: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Appreciation of evidence - Murder Witness giving priority to giving medical aid to