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Union of India (Uoi) and ors. Vs. Shivendra Bikaram Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 325, 452 and 497; Navy Act, 1957 - Sections 77(2), 97, 101, 102, 162 and 163; Code of Criminal Procedure (CrPC) ; Army Act - Sections 130; Military Laws

Reported in : AIR2003SC2481; 2003(2)ALD(Cri)147; 2003CriLJ3028; JT2003(4)SC235; 2003(4)SCALE284; (2003)6SCC359; [2003]3SCR881; 2003(2)LC1066(SC)

the offences under sections 497, 452 and 325 of the Indian Penal Code read with Section 77(2)of the Navy Act, 1957 (hereinafter referredto as 'the Act') and the order of the Chiefof the Naval Staff dated 8th January, 2001passed … respondent and serious miscarriage of justice, this Court should direct the trial to commence from the stage of Section 101 of the Act. This was, of course, subject to his contention that, in the facts' and circumstances of

Lt. Cdr., M.P. Verma Vs. Union of India (Uoi)

Court : Delhi

Subject : Service

Acts : Prevention of Corruption Act, 1988 - Sections 3 to 5, 13, 13(1) and 13(2); Navy Act, 1957 - Sections 2(1), 6, 6(1), 54(2), 65A, 65B, 77(2), 93, 97, 97(6), 97(7) to 97(22), 99, 99(2), 101 to 103, 104, 105, 110, 113, 114, 115, 116, 117, 123, 124, 130, 133, 162 and 163; Evidence Act - Sections 27, 155 and 155(2); Army Act; Code of Criminal Procedure (CrPC) - Sections 100, 102 and 165; Naval Law; Constitution of India - Articles 226 and 227; Navy Rules - Rule 16; Navy (Disciplinary and Miscellaneous Provisions) Regulations, 1965 - Regulations 148, 148(1), 148(5), 149, 151, 153, 167, 168, 169, 172(5) and 242 to 244; Travel Regulations

Reported in : 156(2009)DLT41

TJA, my objection about the members of this August body is in terms of Section 97 of the Navy Act, 1957. Section 97, Sub-section (12) provides that, the President of a Court Marital shall be named by the authority ordering … Section 104 of the Act and the accused is produced be- fore the Court Martial. Sub-section (3) of Section 101 directs the trial judge advocate to read out the warrant for assembling the court and the names of

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, … jurisdiction, as evidenced by Section 256 of the Indian Companies Act, 1956, Section 27 of the Wealth Tax Act, 1957, Section 26 of Gift Tax Act, 1958, and Section 18 of Companies (Profits) Surtax Act, 1964. Similarly, there are … paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77. To express our opinion on the issue

Shivendra Bikaram Singh (Ex. Lt.) Vs. Union of India(Uoi), Through the ...

Court : Mumbai

Subject : Criminal

Acts : Navy Act, 1957 - Sections 77, 77(2), 78, 78(1), 97, 101, 102, 103 and 163; Indian Penal Code (IPC), 1860 - Sections 325, 352, 425, 452, and 497; Evidence Act, 1872 - Sections 3 and 50; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 156

Reported in : 2002(1)BomCR695

(Exh.P.2) as well as order passed by him in exercise of powers conferred under section 163 of the Navy Act, 1957 vide order dated January 31, 2001 (Exh. P.2/A). The petitioner challenges these orders whereby the Chief of the … ask the accused if he objects to any member of the Court, by virtue of sub-section (5) of section 101 of the Act. When such inquiry is made, it is open for the accused to take objection, if

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 … 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 Section 102 of the Act. The trial was biased and was, therefore, vindictive, which resulted in

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

Court : Supreme Court of India

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 … the punishments awardable by Court-Martial in respect of the different offences. Sections 101 to 107 contained in Chapter IX of the Act deal with the … terms of imprisonment for the grant of benefit to them of the provision for set off contained in Section 428 of the CrPC. The High Court has granted certificates of fitness under Article 134A of the Constitution

Karnataka Bank Ltd. Vs. Smt. Sunita B. Vatsaraj

Court : Mumbai

Subject : Service

Acts : Industrial Disputes Act - Sections 2; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Constitution of India - Articles 226 and 227

Reported in : 2008(1)BomCR891; (2007)109BOMLR1210; [2007(115)FLR217]

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 mainly in the police service or as an officer or … and was also supervising the work of the subordinates and was not a workman within the meaning of Section 2(s) of the Act and therefore the reference was not maintainable. The tribunal also considered the respondents case

Janardan Sharma Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Navy Act 1957; Constitution of India - Article 226

1999 (3) SC 631 UOI & Ors. vs. Himmat Singh Chahar, pertaining to a Court-Martial proceedings under the Navy Act 1957 the Supreme Court categorically rejected the concept of the high- level of proof required at a criminal trial … of "Not Guilty", the Court shall, before passing sentence comply with rules 101 and 102.(4)(a) Where the sentence alone is sent back for revision, the … against the petitioner which is sought to be projected as conduct of a guilty mind and hence incriminating.4. Section 41(e) of the BSF Act 1968 reads as under:- "41. Any person subject to this Act who commits

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

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 … arrear of land revenue on a certificate granted by the Registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the Registrar or any officer sub

Management of Hindustan Lever Ltd. Vs. State and ors.

Court : Jammu and Kashmir

Subject : Company

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 employee … Court on the following lines:b petitioners resigned voluntarily to receive benefits much more than they were entitled under Section 25-F of the Industrial Disputes Act, as they were induced to separate taking into consideration the higher amount