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

Court : Allahabad

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 … writ petition cannot, ipso facto, be transferred to the Tribunal, keeping in view the provisions as contained under Section 14 of the Armed Forces Tribunal

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

Court : Mumbai

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, the

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

Subject : Criminal

the CrPC has empowered the Central Government to make rules consistent with the CrPC and the Army Act, Navy Act 1957 and the Air Force Act 1950 and any other law relating to the Armed Forces of the Union, … retirement was due on 31 March 2020. 13 The rival submissions shall now be considered. C Analysis 14 Chapter VI of the Army Act deals with offences. The expression ‘civil offences’ is defined in Section 3(ii) to mean

Security Printing Corporation Of India Ltd And Ors Etc. Vs. Vijay D. K ...

Court : Supreme Court of India

Subject : Land Acquisition

the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other … the 1948 Act, the State Government was entitled to make Rules exempting the application of the provisions of Chapter VI of the Act to certain categories of workers. In exercise of the power conferred by Section 64(1), the

Avtar Singh Vs. Union of India and ors

Court : Delhi

Subject : Education

27th August, 1991 passed by Admiral L.R. Ramdas, Chief of the Naval Staff under section 163 of the Navy Act, 1957 maintaining the conviction of the petitioner on all charges except the charge 20 and reducing the sentence of … as it would be if they had a pecuniary interest; and we think that R. v. Dean and Chapter of Rochester [(1851) 17 QB 1]. is an authority, that circumstances, from which a suspicion of favour may … in M.A.No.448/2010 by the Armed Forces Tribunal.2. The writ petitioner complains of violation of his Fundamental Rights under Articles 14, 19(1)(g) and 21 of Constitution

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

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 … A.K. Mathur, Chairperson 1. Petitioner vide this petition has prayed to quash and set aside the impugned order

Commander Vinod Kumar Jha Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

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 … disposal of both the cases facts given in the case of Commander Vinod Kumar Jha are taken into consideration. 2. Petitioner was a Naval Officer.

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

Court : Armed forces Tribunal AFT Principal Bench New Delhi

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 … (the Regulations, in short). The members of the court martial were hand-picked violating the provisions of Sections (97(7), 97(12) to (20) and 101(3) read with

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

Court : Supreme Court of India

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 … is made subject to Section 18 which makes provision regarding savings of powers of dismissal by Naval Tribunals.12. Chapter VI contains the provisions regarding service privileges.13. In Chapter VII are included the provisions regarding pay, pension, etc. and

P.D. Yadav Vs. Union of India

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Navy Pension Rules, 1964 - Rule 15(2)

Reported in : 1997IIAD(Delhi)901; 66(1997)DLT832; 1997(41)DRJ172

M. Jagannadha Rao, J.(1) These two writ petitions arising under the Navy Act, 1957 have been referred to a Full bench for being disposed of Along with Cwp 2813/94, 2866/90 and 4706/94 … are in conflict with Sections 81, 82 and other Sections. (13) The scheme of the Act shows that Chapter Viii deals with offences and Chapter Ix deals with the punishments that can be imposed by the Court … pensionary benefits. These Regulations must be deemed to be vocative or ultra virus of Section 81(1) of the Act. In any event, when in respect