Criminal Procedure Code, 1973, Section 439 -- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take long time and accused is in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting 22% of salary and allowances of husband under Army Authority - In addition to that wife also getting Rs.15,000 p.m under PWDV Act - Total salary of husband is 92,250 p.m and amount being paid as maintenance allowances comes around Rs.34,000 already being paid to wife by husband,..........
Army Act, 1950, Section 71, 192, Entitlement Rules for Casualty Pensionary Awards, 1982, Rule 5, General Rules of Guide to Medical Officers (Military Pensions), 2002, Rule 423(c) -- Pension Regulations for the Army, 1961, Regn., 173 - Army service - Disability pension - Appellant was not suffering from any disease/disability at the time of entering into Military service -..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Proceedings under Army Act, 1950 and as well as under Central Civil Services (CCA) Rules, 1965 - Are maintainable and do not amount to double jeopardy...........
Armed Forces Tribunal Act, 2007, Section 31 -- General Reserve Engineering Force (GREF) of Boarder Roads Organization (Group A) Rules 1965 - Jurisdiction of Armed Forces Tribunal And Central Administrative Tribunal over members of GREF - Members of GREF being governed by Army Act, 1950, as well as Central Civil Services (CCA) Rules, 1965 can agitate their grievances..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Armed Forces Tribunal Act, 2007, Section 30 -- Appellant, Havildar/Clerk in army involved in fraudulent recruitment racket and obtaining legal gratification in lieu of the same - Dismissal from service - Provisions of Army Act and Rules thereof, as well as mandate of natural justice, duly compiled with - Application of appellate seeking reinstatement in service with all..........
Armed Forces Tribunal Act, 2007, Section 30 -- Appellant, Havildar/Clerk in army involved in fraudulent recruitment racket and obtaining legal gratification in lieu of the same - Dismissal from service - Modification of punishment - Appellant served diligently for more than 17 years - He had no adverse remarks except involved in fraudulent recruitment - Infliction of..........
Army Act, 1950, Section 191, Constitution of India, 1950, Article 16 -- Dynamic Assured Career Progressive (DACP) Scheme - Promotion - Implementation in relation to officers of Army Medical Corps. - Office Memorandum including the Office Noting on the file at different levels, prima facie, indicates that there was a clear exclusion of applicability of DACP Scheme to..........
Pension Regulations of the Army Rules, 1973, Rule 173, Constitution of India, Article 226 -- Pension - Decision of disability when taken by expert medical boards constituted in Army for purpose of evaluation of invalidating disablement entitling person to disability pension is not to be reviewed judicially on writ side of High Court without decision being on face of it..........
