Search Results for "Army Act"

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Search Results for "Army Act"

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Supreme Court

Supreme Court Upholds OROP Benefit for Army Postal Service Personnel on Deputation from Department of Posts. Personnel of APS on deputation from Department of Posts are entitled to One Rank One Pension as per Government Circular dated 7th November 2015.

5 Nov 2019

The case involves an appeal by the Union of India against an order of the Armed Forces Tribunal, Regional Bench, Jabalpur, which allowed an Original A...

Supreme Court

Supreme Court Upholds Women Army Officers' Right to Permanent Commission in Landmark Gender Equality Judgment. Court holds that women SSC officers are entitled to PC at par with male counterparts, rejecting discriminatory service conditions.

17 Feb 2020

The case concerns a batch of appeals filed by the Ministry of Defence against a Delhi High Court judgment directing the grant of Permanent Commission ...

Supreme Court

Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

1 Feb 2022

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

High Court

Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

25 Mar 2011

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...

High Court

Bombay High Court Dismisses Petitions Challenging Profession Tax on Defence Civilians — Amendment Excluding Them from Exemption Upheld as Constitutional. The court held that the classification between Armed Forces personnel and civilian employees under Section 27A(a) of the Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 is based on an intelligible differentia and does not violate Article 14 of the Constitution.

7 Jul 2006

The petitioners, civilian employees working in the Defence Department of the Union of India, filed writ petitions challenging the action of the State ...

Supreme Court

Supreme Court Allows Appeal in Disability Pension Case for Territorial Army Member - Statutory Regulations Override Departmental Denial. Disability Pension Granted Under Regulation 173 of Pension Regulations for the Army, 1961, as Extended to Territorial Army by Regulation 292, Since Disability Was Attributable to Military Service and Assessed at 80%.

7 Mar 2022

The appeal arose from a dispute over the entitlement of a Territorial Army member to disability pension. The appellant, after serving in the Regular A...

Supreme Court

High Court Upholds Writ Petition Against Private Educational Institution for Unilateral Change in Staff Service Conditions. Supreme Court affirms decision, emphasizing the public duty of education institutions and the doctrine of legitimate expectation.

9 Jul 2024

The High Court on 05.08.2014, regarding the maintainability of a writ petition under Article 226 against a private educational institution. The case i...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Quashing of General Court Martial Against Retired Army Officer in Procurement Irregularities Case. No Prima Facie Case Made Out as Evidence Lacked Intent to Defraud and Actions Were Within Authority's Discretion.

27 Nov 2019

The Union of India appealed against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi, which quashed the order convening a General...

Supreme Court

Supreme Court Upholds Armed Forces Tribunal's Order Setting Aside Conviction for Theft of Pistols in Army Court Martial — Confessional Statements Found Involuntary and Uncorroborated. Secondary Evidence Improperly Admitted Without Foundation, and Army Rule 58 Violated as Prosecution Case Not Put to Accused.

13 Sep 2019

The Supreme Court dismissed the appeals filed by the Union of India and the accused, thereby upholding the Armed Forces Tribunal's order dated Decembe...

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