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Feb 25 2010

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-25-2010

Subject : Criminal

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, including their dependents, … Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, 'Alternative Modes and Forums for Dispute Resolution,' deals with the … to the distribution of the business of the Tribunal among its Benches.Chapter IV of the Armed Forces Tribunal Act, 2007 deals with procedure. Section 21;

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Jul 07 2006

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Decided on : Jul-07-2006

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections (b), (c) and (d) are not relevant hence are not … 329 and 330 dated 23rd September, 1960 making inter alia Section 21 of the Army Act, 1950 and Chapter IV of the Army Rules 1954, applicable to the General Reserve Engineering Force are ultra vires that Article since

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Nov 28 1996

Anuj Kumar Dey and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-28-1996

Subject : Service

Acts : Navy Act, 1957 - Sections 3(16), 3(17), 3(20), 16, 17 and 184; Navy (Pension) Regulations, 1964 - Regulations 2(1), 69(1), 78, 79, 261, 290 and 291

Reported in : 1996IXAD(SC)298; [1997(75)FLR173]; JT1996(10)SC679; 1996(8)SCALE659; (1997)1SCC366; [1996]Supp9SCR269

into the merits of the case, it will be necessary to refer to the relevant provisions of the Navy Act, 1957 and also to some of the Regulations framed under the said Act:THE NAVY ACT, 1957CHAPTER - IPRELIMINARY3. In … and a master chief petty officer..(20) 'sailor' means a person in the naval service other than an officer; CHAPTER - IV COMMISSIONS, APPOINTMENTS AND ENROLMENTS9. (1) No person who is not a citizen of India shall be

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Jul 27 1998

Commander V.S. Batra Vs. Chief of the Naval Staff, Naval Headquarters( ...

Court : Delhi

Decided on : Jul-27-1998

Subject : Service

Acts : Constitution of India - Article 227; Navy Act, 1957 - Sections 79

Reported in : 1998VAD(Delhi)91; 74(1998)DLT810; 1998(47)DRJ130

There was no conspiracy and the convening of the court martial was barred under Section 79 of the Navy Act, 1957.3. On the 29th of September, 1997, the Director of Personnel Services wrote the petitioner stating that since the … in the nature of an overriding provision and according to which, notwithstanding anything contained in the provisions of Chapter xxxvI of the Code of Criminal Procedure any court may take cognizance of an offence after the expiration … Penal Code. Learned counsel argued that persons designated as accused 2,3 and 4 in the complaint, were all in Bombay and the appellant in Karachi

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May 29 2012

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-29-2012

Subject : Education

of court martial, petitioner raised objections that two members cannot participate in accordance with Section 102 of the Navy Act 1957 and the court martial upheld the objection and replaced two members of the court martial and Court was … take oath and charges are read out in court. The whole procedure of court martial is given in Chapter XIII Procedure of Court Martial. Section 123 appears in this Chapter XIII whereas Section 97(10) appears in Chapter … by the Honble High Court of Allahabad vide its order dated 12.11.2008. 4. Petitioner went for his mandatory Commercial Helicopter Pilot License medical examination at

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Dec 19 1990

Commander Ranvir Kumar Sinha Vs. the Union of India and Others

Court : Mumbai

Decided on : Dec-19-1990

Subject : Criminal

Reported in : 1991(2)BomCR28; 1991CriLJ1729

in the conduct of proceedings before the BOI. This representation, purporting to be under section 23 of the Navy Act, 1957 (the Act), was rejected by the Flag Officer Commanding-in-Chief, Eastern Command, on 21st October 1987. A further representation … if the complainant is not satisfied with the decision on his complaint.'This section is to be found in Chapter VI, the title whereof is 'Service Privileges'. Petitioner contended that until the representation moved by him was decided, … effect that the petitioner was found guilty on charge Nos. 1 to 4. Then came a hearing on the subject of punishment. Petitioner through his

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Apr 29 1987

Ajmer Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-29-1987

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950) and any other law, relating to … any special form of procedure prescribed, by any other law for the time being in force. The relevant Chapters of the Army Act, the Navy Act and the Air Force Act embody a completely self-contained comprehensive Code

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Jun 30 2010

Commander Vinod Kumar Jha Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Jun-30-2010

Subject : Right to Information

state. Accordingly, the petitioner was dismissed from service in exercise of its powers of Section 15 of the Navy Act, 1957 read with Regulation 216. An affidavit was also filed by the Chief of Naval Staff Admiral Arun Prakash … to mention here that Board of Inquiry in order to find out the truth of matter contained in Chapter 3 of the Regulation, contemplates a detailed procedure for summoning of the witnesses and cross-examination of witnesses. The … Officers are Captain Kashyap Kumar, Cdr Vinod Kumar Jha, Cdr. Vijendra Rana”. 4. Similarly, Cdr. Vijendra Rana was working as a Joint Director, Naval Operation,

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May 19 2011

Ex Cdre. Narinder Pandit Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-19-2011

Subject : Right to Information

and messing was provided at the outstation, and thereby committed an offence punishable under Section 60(d) of the Navy Act, 1957. (2) Did on 19th Aug 2002 knowingly make a fraudulent statement in a document, namely Temporary Duty Claim … for the respondents has pointed out that ordering investigation under Regulation 149 of the Regulations is prescribed in Chapter V and the Regulations for board of inquiry are prescribed under Chapter VII of the Regulations. The regulation … competent to try him as he was not borne on INS Angre. 4. This appeal was resisted on behalf of the respondents contending, inter alia,

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May 10 2000

Union of India and Others Vs. R.P. Yadav

Court : Supreme Court of India

Decided on : May-10-2000

Subject : ServiceContract

Acts : Navy Act, 1957 - Sections 3(20), 11, 14(1), 15, 16, 17, 18, 41 and 184(1); Constitution of India - Articles 14 and 226; Contract Act - Sections 18, 19; Indian Contract Act, 1982 - Sections 18(1)

Reported in : AIR2000SC2252; JT2000(6)SC371; 2000(4)SCALE600; (2000)5SCC325; [2000]Supp1SCR196; (2000)3UPLBEC2174

In our view the answer to the first question rests on the interpretation of relevant provisions of the, Navy Act, 1957, the Navy (Discipline and Misc. Provision) Regulation 1965 and Navy Order No. Str. 17 of 1994 regarding re-engagement … no sailor shall be at liberty to resign his post except with the permission of the prescribed officer.11. Chapter V contains the provisions regarding conditions of service. In Section 15, which deals with tenure of service of … retiremental benefits as applicable to on the expiry of 15 years including 4 years training period.5. The main contention raised by the respondent in support

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