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NitIn Shankar Kadkol Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : CriminalFamily

Acts : Indian Penal Code (IPC) - Sections 304B and 498A; Navy Act, 1957 - Sections 77(2), 113 and 114

Reported in : I(2004)DMC695; 2004(2)MhLj767

thereby committed an offence under Section 498A of the Indian Penal Code read with Section 77(2) of the Navy Act, 1957 and (b) that on 29-1-1994 between 2000 Hrs. and 2300 Hrs. the petitioner caused death of Padma by … for the prosecution and the defence and lay down law by which the Court is to be guided. Section 114 lays down the duties of the trial judge advocate wherein it has been specifically laid down that it

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 … the prosecution and the defence and lay down the law by which the court is to be guided. Section 114 lays down the duties of the trial judge advocate at such trial. It is the duty of a

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 … it was related to his competency to act as an impartial judge. He emphasized the fact that under Section 114 of the Act the trial judge advocate exercises powers which are judicial in nature and, therefore, Section 102

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

(b) above. While dealing with the objection it would not be out of place to mention that under Section 114 of the Navy Act, 1957 the Trial Judge Advocate has been charged with the duties to decide all … 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

Capt. N. Gopalakrishnan (Retired) Vs. Union of India, Rep by the Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Service

“3(o) ‘Service matters, in relation to the persons subject to the Army Act 1950 (46 of 1950), the Navy Act 1957 (62 of 1957) and the Air Force Act 1950 (45 of 1950), mean all matters relating to the … dated 30.04.2010 has directed the applicant to move the petition once again before this Tribunal holding that under Section 3(o) of the Armed Forces Tribunal Act, 2007, this Tribunal is having jurisdiction to entertain the petition. Further,

Sri Gururaj R Vs. The Union Of India

Court : Karnataka

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 … 1947, (hereinafter referred to as ‘the said Act’ for short) as they are Workman within the definition of Section 2(s) of the said Act. Without prejudice to the aforesaid contention, the learned counsel would further submit that, … No.213240, NEAR GAYATHRI TEMPLE, 2 KUPPUSWAMY MUDALIAR L O., BANGARPET - 563 114.5. SRI RAJESH KUMAR R S/O RAMACHANDRAN R AGED ABOUT29YEARS STAFF No.213239 #

Avtar Singh Vs. Union of India and ors

Court : Delhi

Subject : Education

27th August, 1991 passed by Admiral L.R. Ramdas, Chief of the Naval Staff under section 163 of the Navy Act, 1957 maintaining the conviction of the petitioner on all charges except the charge 20 and reducing the sentence of

Greene Vs. Mcelroy

Court : US Supreme Court

Subject : Education

the design of a rocket launcher, both of which were produced by ERCO and long used by the Navy. During the post-World War II period, petitioner was given security clearances on three occasions. [ Footnote 1 ] … manufactured materials for national defense. Report of the Commission on Government Security, 1957, S.Doc.No.64, 85th Cong., 1st Sess. 236. During World War II, the War … Amendment, Dent v. West Virginia, 129 U. S. 114 ; Schware v. Board of Bar Examiners, 353 … his security clearance was unlawful and void and an order restraining the Secretaries of the Armed Forces from acting pursuant to it. Held: In the absence of explicit authorization from either the President or Congress, the Secretaries … subsections (b)-(e), the head of an agency may, in negotiating contracts under section 2304 of this title, make any kind of contract that he considers

Gosa Vs. Mayden

Court : US Supreme Court

Subject : Land Acquisition

discharged in 1946. He instituted suit in 1970, relying on O'Callahan, seeking to compel the Secretary of the Navy to overturn his court-martial conviction for auto theft and to correct his military records with respect to his … (1907); Johnson v. Sayre, 158 U. S. 109 , 158 U. S. 114 (1895); Smith v. Whitney, 116 U. S. 167 , 116 U. S. … question in O'Callahan was the appropriateness of the exercise of jurisdiction by a military forum, pursuant to an Act of Congress, over a nonservice-connected offense when balanced against the guarantees of the Fifth and Sixth Amendments. Pp.

Kennedy Vs. Mendoza-martinez

Court : US Supreme Court

Subject : Land Acquisition

Sixth Amendments are "preserved to every one accused of crime who is not attached to the army, or navy, or militia in actual service." Id. at 71 U. S. 123 . [ Footnote 19 ] "[I]f society … does not appear . . . ," id. at 356 U. S. 114 . Justice Frankfurter, joined by three other Justices, dissented on the ground … relief in Federal District Courts, which rendered judgments declaring that the relevant statutes, § 401(j) of the Nationality Act of 1940, as amended, and § 349(a)(10) of the Immigration and Nationality Act of 1952, are unconstitutional. Mendoza-Martinez' … from denying his citizenship subsequently. Pp. 372 U. S. 155 -158. 3. Section 401(j) of the Nationality Act of 1940, as amended, and § 349(a)(10)