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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 … principles. Thereafter Central Administrative Tribunal Act, 1985 was amended by Act No. 19 of 1986.10. When Sampath Kumar was finally heard, said amendments had already

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 … the provisions of the foregoing sub-sections, in the manner provided in sub-section 19. Sub section 19 says that subject to the provisions of sub-section 11,

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

Court : Delhi

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 … thereafter proceeded on transfer. The charges framed against him mention period from 19 Sep 94 to 17 Jan 95 during which period he was not

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 … 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 … was contended he had a right to rescind the contract under Section 19 of the Contract Act.52. The primary issue is whether there was a

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 … was given to him and he was also dismissed from service u/s 19 of the Air Force Act, 1950 and u/s 16 of Air Force

Indian Nval Canteen Service Employees Un Vs. Union of India

Court : Kerala

Subject : Land Acquisition

regulations were amended with effect from 11/04/1988 and the amended Regulation is Ext.P4(a). e) Section 3(12A) of the Navy Act 1957 defines Naval Establishment as meaning, an establishment belonging to or under the control of Indian Navy whether within … COPY OF THE LETTER NO.2120/10/19 DTD. 31/10/1991. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE NAVAL CANTEEN SERVICE INSTRUCTION60 EXT.R5.B: CHAPTER28OF REGULATIONS OF NAVY PART I (REGS NAVY) (RELEVANT PAGES). Prv. W.P.(C).NO.32100/2011-J: EXT.R5.C: COPY OF THE JUDGMENT IN CIVIL … issued by the Chief of Naval Staff from time to time." W.P.C.No.32100/11 19 11. Therefore the argument is that INCS is a naval establishment. The

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

Court : Mumbai

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 … competent to make Rules restricting or curtailing their fundamental right under Article 19(1)(c) of Constitution. In : (1983)IILLJ157SC , R. Viswan v. Union of India

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Subject : Service

Acts : Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

the said office and to come afterwards and thereby committed an offence punishable under Section 47(a) of the Navy Act, 1957. 3. Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1402 … may be.' '2-A Unless there be something repugnant in the subject of context, the terms defined in this Chapter are used in the regulations in the sense here explained:- (1) to (3) ... (4) Pension shall include … testing from Composite Food Laboratory or Defence Research Laboratory (Material), Kanpur, of 19.85 IL of Cresol Liquid Black locally purchased from M/s. Gautam Chemicals, Madras

Union of India and Ors. Vs. Major General Shri Kant Sharma and Anr.

Court : Supreme Court of India

Subject : Land Acquisition

commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force At, 1950 and also to provide for appeals arising out of orders, findings or … 175, 178, 179, 180, 193, 195, 196 or 228 (45 of 1860) of the Indian Penal Code and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974)." Sub-section (2) of Section 15 specifies the … or order of the Tribunal (other than an order passed under section 19): Provided that such appeal is preferred within a period of ninety days

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 … for trial by a court-martial. 2 On 14 December 2014, at about 19:40 hours, Lance Naik Rajesh Kumar of 17 Mountain Division of the Indian