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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 … 1985 and Armed Forces Tribunal Act, 2007 are being looked into.6. Part XIV-A of the Constitution was inserted through Section 46 of the Constitution (42nd

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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 … request was turned down by the authority vide the rejection order dated 11-6-1997. He filed the writ petition, CW No. 3833 of 1997, before the

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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 … 1975. The question is whether this period of four years, 17.8.71 to 11.8.75 during which the appellant was undergoing training as Artificer Apprentice under the

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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 … such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may

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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

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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 … 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

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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 … Vapi/Mumbai and back to Delhi from AM 08 Aug 02 to PM 11 Aug 02 to be used for official purpose, to wit he claimed

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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 … unidentified persons (IB/CBI) came to his house and ransacked his house at 11/12 Arjun Vihar, Dhaula Kuan, New Delhi. They picked up all his electronic

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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

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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

to take note of the legislative changes made by the passing of the Armed Forces Tribunal Act, 2007. Chapter XI of the Navy Act comprising Sections 90 to 92 deal with Charge. Chapter XII comprising Sections 93 to … 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

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