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Jul 21 1997

CaptaIn C.P. Singh Vs. Union of India and Others

Court : Allahabad

Decided on : Jul-21-1997

Subject : Service

Acts : Army Act, 1950 - Sections 27; Constitution of India - Article 226

Reported in : 1998(1)AWC49; (1997)3UPLBEC1702

the petitioner for grant of permanent commission and rejection of his statutory complaint under Section 27 of the Army Act. 1950- The first contention advanced by the learned counsel appearing for the petitioner is that the petitioner was illegally … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

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Mar 20 1998

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Mar-20-1998

Subject : Service

Acts : Army Act, 1950 - Sections 26, 27 and 33

Reported in : 73(1998)DLT181

in the case of the petitioner. The learned Counsel referred to Sections 26, 27 and 33 of the Army Act, 1950. 11. Section 26 provides for remedy of aggrieved persons other than .officers. The provisions give right to such

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Jul 05 2001

M.E.S. Employees Union, A.P. Area, Secunderabad Vs. Govt. of A.P. and ...

Court : Andhra Pradesh

Decided on : Jul-05-2001

Subject : Other Taxes

Acts : Andhra Pradesh Tax on Professions, Trades, Callings and Employees Act, 1987 - Sections 2, 3, 4, 5, 6(2), 27-A, 31, 32 and 35; Financial Regulations - Regulation 288-A; Army Act, 1950; Constitution of India - Article 276; Navy Act, 1957; Air Force Act, 1950

Reported in : [2002]126STC523(AP)

3rd respondent establishment as illegal, arbitrary and contrary to Regulation 288-A of the Financial Regulations framed under the Army Act, 1950 and that the employees working under the control of the 3rd respondent establishment are not liable to pay … tax that is contemplated under the Act.Though the learned Counsel referred to and relied upon the provisions of Sections 32 and 35, Section 32 provides that the local authorities should not levy the profession tax and Section … competence to enact law to impose professional tax as provided under Article 276 of the Constitution of India, read with Entry 60 of the List-11

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May 11 2012

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : May-11-2012

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced … on the foundation that he had lodged a statutory complaint under Section 27 of the Act before the Central Government regarding certain irregularities against the … offence by a competent criminal court or by a court- martial, or has been dealt with summarily under sections 80, 83, 84 and 85, as the case may be, for the offence, or that a charge in

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Apr 15 1992

C.V.V. Reddy Vs. Team Leader, Army Team Bharat Dynamics Ltd. and ors.

Court : Andhra Pradesh

Decided on : Apr-15-1992

Subject : Labour and Industrial

Acts : Constitution of India - Articles 5, 14, 21, 33 and 226

Reported in : 1992(2)ALT363; (1993)ILLJ194AP

critical moment, cannot have any application to the facts of the present case. 38. Section 27 of the Army Act 1950 indicates a remedy for aggrieved officers in the following terms : 'Any officer who deems himself wronged by … 1992. The 1st respondent submits further that petitioner ought to have requested for cancellation of his posting under Section 27 of the Army Act or submitted a representation against his transfer under Para 361 of the Army

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Sep 10 1996

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

Court : Allahabad

Decided on : Sep-10-1996

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

with under Regulation 361 of the Defence Services Regulation read with Section 27 of the Army Act, 1950. The subject Complaints, petitioners and Appeals is … 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

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Sep 05 2008

Colonel Narendra Kumar Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Sep-05-2008

Subject : Service

Reported in : 2008(II)OLR773

the strong recommendations of his superior Officers and in terms of the provisions contained Section 27 of the Army Act, 1950, Clause-364 of the Defence Service Regulations. The statutory complaint was also not taken into consideration, for which this … has been deprived of same - Hence, petition allowed and respondents directed to consider petitioner's case afresh - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr.

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Dec 10 2008

Brigadier Rakesh Sharma Vs. Union of India (Uoi) Represented by the Se ...

Court : Jharkhand

Decided on : Dec-10-2008

Subject : Service

Acts : Army Act, 1950 - Sections 27

Reported in : 2009(57)BLJR950

not dealt with and considered by the competent authority. According to the provisions of Section 27 of the Army Act, 1950 read with the procedures laid down in Para 364 of the Regulations for the Army, Revised Edition, 1987, … senior officers.14. The petitioner has, thus, alleged violation of the provisions of Special Army Order 3/S/89, violation of Section 27 of the Army Act as also malafide and non-application of mind by the reporting officer in not

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Apr 02 1996

C.i.C.-28512 H.J.L.T. Col. Katti Gopal Reddy Vs. Union of India (Uoi) ...

Court : Patna

Decided on : Apr-02-1996

Subject : Service

contained in annexure 7 by reason of which statutory complaint of the petitioner under Section 27 of the Army Act, 1950 has been rejected. A prayer has also been made to direct the respondents to re-consider the case of … order dated 11.1.94 as contained in annexure 7 by reason of which statutory complaint of the petitioner under Section 27 of the Army Act, 1950 has been rejected. A prayer has also been made to direct the

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Mar 07 2003

Indian Air Force Employees Union Vs. State of Maharashtra,

Court : Mumbai

Decided on : Mar-07-2003

Subject : Labour and Industrial

Acts : Indian Trade Unions Act, 1926 - Sections 2(1), 3 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments Act, 1975 - Sections 4, 27 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1976; Constitution of India - Articles 14, 19(1), 33 and 276; Civil Service Rules; Army Act, 1950 - Sections 21; ;Air Force Act, 1950; Navy Act, 1957; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1991; Maharashtra State Tax on Professions Trades, Callings and Employments Ordinance, 1996; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1997; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 2000

Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609

The Union of India took acontrary stand and upholding that stand theSupreme Court observed as follows:'In enacting the Army Act, 1950 in sofar as it restricts or abrogates any ofthe fundamental rights of the members ofthe Armed Forces, Parliament … Rs. 50/- per month inrespect of Group-C worker and Rs. 30/- per monthin respect of group-D worker under Section 4 ofthe Maharashtra State Tax on Professions Trades,Callings and Employments Act, 1975 (MaharashtraAct No. 16 of 1975) (herein … towards the tax under the said Act. It iscontended that under Section 27(a) of the saidAct members of armed forces of the said Unionserving in

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