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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 issue

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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 the Navy Act 1957. 2. Did at about 0900h on 06 Nov 08 contravene Para 1 of Chapter VIII of Standing Orders on Accident Prevention Plan of 321 Kunjali Flight in that he failed to conduct the … 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

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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 … regarding service privileges.13. In Chapter VII are included the provisions regarding pay, pension, etc. and maintenance of families.14. Chapter VIII contains the provisions regarding articles of war. In Section 41, it is provided inter alia that every person

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Mar 04 1997

P.D. Yadav Vs. Union of India

Court : Delhi

Decided on : Mar-04-1997

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 Martial.

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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 … Good Conduct Badge ... 4 years. For 2nd Good Conduct Badge ... 8 years. For 3rd Good Conduct Badge ... 12 years. 5. The first

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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 … the inputs which pointed out the culpability of, inter alia, the petitioner. 8. The Board of Inquiry confirmed that the classified inputs about the petitioner.s

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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 … is directed against the findings and sentence of the court martial dated 8.6.2004, whereby the petitioner was found guilty of Charge Nos. 1 and 2

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May 19 2011

K.C. Shibu Vs. Union of India, Represented by Secretary to the Governm ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Decided on : May-19-2011

Subject : Land Acquisition

08° 19.62'N 73° 03.4'E off Minicoy island and thereby committed an offence punishable under Section 55(2) of the Navy Act 1957. ii. Charge 2. Between 25th day of November 2003 and 29th day of November 2003 contravene Regulation 1331 … automatically goes to the Captain, should he give any coning orders directly or through another person as per Chapter 19 - Bridge Organisation and Procedures followed by the Navy. Regulation 1325 of the Regulations of Navy Part … Command on 24.4.2004. (i) Court Martial of the petitioner was conducted between 8.6.2004 and 21.6.2004. The two charges against the petitioner are:- i. Charge 1

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Oct 29 2008

Swapan Kumar Mishra Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Oct-29-2008

Subject : Service

Reported in : 2009(1)OLR58

held that he was dismissed with disgrace and the authorities rightly refused him pensionary benefits.11. Section 81 of Chapter IX of the Navy Act, 1957 provides punishment. The relevant portions of the said Section read as follows:81. … filing a review petition before the Chief of the Naval Staff in consonance with Section 160 of the Navy Act, 1957. The said authority considered the charges framed against the petitioner and the materials available on record and holding

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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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