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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 … specifically raised, but the same has not been considered and dealt with in accordance with the mandate of section 102 of the Act, inasmuch as the said objection cannot be summarily rejected by the trial Judge Advocate, but

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 … without reference to the members of the Court Martial, in gross violation of the mandatory provisions contained in Section 102 of the Act. As a result grave prejudice was caused to the respondent and there was serious miscarriage

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 … found that the proceedings before the Court Martial were vitiated on account of noncompliance with the provisions of Section 102 of the Act. If the very constitution of the Court Martial was not in accordance with law, then

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

Thereafter, during the trial 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 … convened then it cannot be dissolved except on the conditions which are mentioned in Section 123 of the Navy Act, 1957. Section 123 of the Navy Act, 1957 reads as under; “123. Provisions relating to dissolution of courts-martial – (1)

Commodore Narinder M. Pandit S/O Late Munshi Ram Arjundas Pandit Vs. t ...

Court : Mumbai

Subject : Criminal

Reported in : 2004(4)BomCR814; (2004)106BOMLR98

Court Martial. The charge-sheet was issued against the petitioner alleging that the petitioner has committed various offences under Navy Act, 1957 (hereinafter referred to as 'the said Navy Act') as well as certain offences punishable under the Prevention of … of the petitioners were overruled and the Court Martial proceeded further. The petitioner was arraigned in terms of Section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.4. The contentions raised … available and such opinion shall be recorded in the convening order. Rule 102 of the said Army Rules provides that an officer who is disqualified

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 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 gross miscarriage of justice.

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957

the Army Act would equally govern the person sentenced to undergo rigorous imprisonment by the court-martial under the Navy Act, 1957 (for short “the 1957 Act”) and the Air Force Act. The two-Judge Bench referred to the divergence of … years or such less punishment as the Act mentions. Chapter IX deals with arrest and proceedings before trial. Section 102, which occurs in this Chapter, deals with custody of offenders and reads as follows: -“102. Custody of offenders.

Sri.chandrakant S/o Husanappa Moolimani, Vs. The Management Of Nwkrtc, ...

Court : Karnataka Dharwad

Subject : Labour and Industrial

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 … ANNEXURE-A AND ALLOW THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE PRESIDING OFFICER, LABOUR COURT, HUBBALLI UNDER SECTION10(4-A) OF INDUSTRIAL DISPUTES ACT, ETC. IN W.P. No.112165/2017: BETWEEN: MARUTIGOUDA, S/O HANUMANTAGOUDA PATIL, AGED ABOUT35YEARS, OCC NIL, R/O

Basanagouda Vs. The Divisional Controller

Court : Karnataka Dharwad

Subject : Labour and Industrial

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 … ANNEXURE-A AND ALLOW THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE PRESIDING OFFICER, LABOUR COURT, HUBBALLI UNDER SECTION10(4-A) OF INDUSTRIAL DISPUTES ACT, ETC. IN W.P. No.112165/2017: BETWEEN: MARUTIGOUDA, S/O HANUMANTAGOUDA PATIL, AGED ABOUT35YEARS, OCC NIL, R/O

Sri.pundappa S/o Amoghappa Karagar Vs. The North West Karnataka

Court : Karnataka Dharwad

Subject : Labour and Industrial

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 … ANNEXURE-A AND ALLOW THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE PRESIDING OFFICER, LABOUR COURT, HUBBALLI UNDER SECTION10(4-A) OF INDUSTRIAL DISPUTES ACT, ETC. IN W.P. No.112165/2017: BETWEEN: MARUTIGOUDA, S/O HANUMANTAGOUDA PATIL, AGED ABOUT35YEARS, OCC NIL, R/O