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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 … is true and then arrive at the finding, which under such view ought to be arrived at. Under Section 116 after the trial judge advocate has finished his summing up, the court is to be cleared to consider

Kalawati Pandurang Fulzele Vs. Divisional Controller

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 2, 2(14), 3, 3(5), 10(2), 28 and 44; Industrial Disputes Act, 1947 - Sections 2, 25B, 25F and 25G; Industrial Disputes (Bombay) Rules, 1957 - Rule 81; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 2; Contract Labour Act; Labour and Industrial Law; Constitution of India - Articles 14, 15(1), 15(3), 38, 39, 41, 42, 43, 46, 47 and 227

Reported in : 2007(5)ALLMR80; 2007(5)BomCR177

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 … treated as the one under Article 227 of the Constitution of India.FACTS3. The petitioner filed a complaint under Section 28 read with item (1) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of … and Ors. v. Karnataka Vidyuth Karkhana Ltd. and Ors.) 1999 I L.L.J. 116.vi) Inviting my attention to the settlement fled with C.A. No. 2821/04 she

Orissa State Road Transport Corporation Employees' Association of Unio ...

Court : Orissa

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 25-N; Constitution of India - Articles 226 and 227; Orissa State Road Transport Corporation (Classification, Recruitment and Conditions of Service) Regulations, 1978 - Regulations 49 and 116; Road Transport Corporation Act, 1950 - Sections 34; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957

Reported in : (2001)ILLJ927Ori

to the Air Force Act, 1950 (45 of,1950), or the Army Act, 1950 (46 of 1950), or theNavy Act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officeror other employee of … the Corporation. The Station Master has no work of managerial nature. Regulation 116 of the Service Regulations provides for termination of services and termination can … Transport Corporation (Classification, Recruitment and Conditions of Service) Regulations, 1978' (hereinafter referred to as 'Service Regulations') framed under section 34 of the Road Transport Corporation Act, 1950. In regulation 49, classification and categories of all the services

Secretary, O.N.G.C. Ltd. and anr. Vs. V.U. Warrier

Court : Supreme Court of India

Subject : ServiceCivil

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Oil and Natural Gas Commission Act, 1959 - Sections 32; Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993; Commission's Death-Cum- Retirement Payment of Gratuity Regulations, 1969 - Regulation 5; Payment of Gratuity Act, 1972 - Sections 2; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Central Civil Services (Pension) Rules, 1972 - Rules 3 and 9; Constitution of India - Article 226

Reported in : AIR2005SC3039; 2005(5)BomCR251; [2005(106)FLR63]; JT2005(4)SC489; (2005)IILLJ1040SC; 2005(2)MhLj985; (2005)5SCC245; 2005(2)SLJ486(SC); 2005(2)LC1023(SC)

State Government, or who is subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957.' (emphasis supplied)23. From the above definition, it is clear that a person can be said to be an … which was filed on December 12, 2003. There was thus delay of 116 days in filing the review petition. The Division Bench rejected the Review … case of the Commission that the Commission is having a statutory status. In exercise of statutory powers under Section 32(1) of the Act, regulations known as the Oil and Natural Gas Commission (Death. Retirement and Terminal Gratuity)

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 … U. S. 109 , 158 U. S. 114 (1895); Smith v. Whitney, 116 U. S. 167 , 116 U. S. 184 -185 (1886); Coleman v. … 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.

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 … is true and then arrive at the finding, which under such view ought to be arrived at. Under Section 116 after the trial judge advocate has finished his summing up, the court is to be cleared to consider

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Property

Acts : Delhi Development Act, 1957 - Sections 12

Reported in : ILR1978Delhi515

for the named public purpose, that is, the planned development of Delhi. It is contended that Delhi Development Act 1957 (the Act) and the Master Plan (the plan) framed there under have no application to the cantonment areas … Cantonment Board. Its duties and discretionary functions are laid down in ss. 116 and 117 of the Act. Now the Cantonments Act 1924 has an … a Government could not perform its functions, because private property is needed from time to time for fortifications, navy-yards, post offices, customs houses, school houses, parks, highways and so on. But the overriding fact is that the … make alterations in the Master Plan as envisaged by subsection (2) of section 11-A of the Development Act. It need hardly be said that the

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 … or nonaction. Kent v. Dulles, 357 U. S. 116 ; Peters v. Hobby, 349 U. S. 331 … 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

Solorio Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

provides little support for O'Callahan. For example, in 1800, Congress enacted Articles for the Better Government of the Navy, which provided that "[a]ll offences committed by persons belonging to the navy while on the shore shall be … U. S. 109 , 158 U. S. 114 (1895); Smith v. Whitney, 116 U. S. 167 , 116 U. S. 183 -185 (1886); Coleman v. … our earlier decision in O'Callahan v. Parker, 395 U. S. 258 (1969). While petitioner Richard Solorio was on active duty in the Seventeenth Coast Guard District in Juneau, Alaska, he sexually abused two young daughters of fellow … Armed Forces, Art. I, § 8, cl. 14, appears in the same section as do the provisions granting Congress authority, inter alia, to regulate commerce

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 … of prior conviction for desertion by court-martial, id. at 356 U. S. 116 -117. It is fundamental that the great powers of Congress to conduct … 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)