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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 … speak to or hold any communication with the court while the court is considering the finding. Thereafter under Section 117 the court is required to reassemble and the President shall inform the trial judge advocate in open court

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

commit any offence are deait with by the special provisions contained in the Army Act, 1950, or the Navy Act 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure Code. The said Navy Act … respondent No.8 also refused to refund the undercharges; that as per Rule 117 of the IRCA, difference upto 2% for four wheelers and 4% to … taken me to the various provisions of Chapter IX of the Railways Act, 1989 (for short the Act). Section 64 of the Act contemplates that every person entrusting any goods to a railway administration for carriage shall

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 … speak to or hold any communication with the court while the court is considering the finding. Thereafter under Section 117 the court is required to reassemble and the President shall inform the trial judge advocate in open court

Prosenjit Kundu Vs. the Presiding Officer, General Security Force Cour ...

Court : Delhi

Subject : Criminal

Acts : Army Act, 1950; Army Rules; Navy Act, 1957; Air Force Act, 1950; Evidence Act - Sections 32; Constitution of India - Articles 21, 32, 226 and 227; Border Security Force Act - Sections 117(2) and 130; Border Security Force Rules; defense Service Regulations

Reported in : 2006(88)DRJ856

commit any offence are dealt with by the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Procedure Code. The said Navy Act is … P.4), and the order of the Director General, BSF rejecting the statutory petition filed by the petitioner under Section 117(2) of the Border Security Force Act, and a writ, order or direction in the nature of mandamus

Harphool Kumawat Vs. Union of India and Anr.

Court : Delhi

Subject : Education

decision reported as AIR1999SC1980UOI & ORS. Vs. Himmat Singh Chahar, pertaining to a Court Martial proceedings under the Navy Act, 1957, the Hon'ble Supreme Court categorically rejected the concept of the high level of proof required at a criminal … Court for which charge-sheet was drawn. The petitioner was charged as under:“BSF ACT-1968 COMMITTING A CIVIL OFFENCE, THAT SECTION-46 IS TO SAY CRIMINAL, MISCONDUCT FOR HAVING BEEN AS PUBLIC SERVANT IN POSSESSION OF PECUNIARY RESOURCES DISPROPORTIONATE TO … in support of its verdict?. Similarly, Whether the appellate authority under Section 117(2) is required to give reasons while considering the correctness, legality or propriety

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Criminal

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 … (D&L;)/BSF/O-14 dated 02.01.1998 (Annexure-I to the writ petition), the information regarding rejection of the petitioner's appeal filed under Section 117 of the BSF Act (for short the Act) were assailed in the writ petition. The learned single Judge

Anand Regional Co-op. Oil Seedsgrowers Union Ltd. Vs. Shaileshkumar Ha ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Air Force Act, 1950; ;Army Act, 1950; Navy Act, 1957; ;Industrial Disputes Act, 1947 - Sections 2 and 11A; Evidence Act

Reported in : 2006(3)AWC2959(SC); [2006(111)FLR581]; (2007)2GLR1333; JT2006(7)SC362; (2006)IIILLJ767SC; 2006(7)SCALE603; (2006)6SCC548

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 … wrong in re-recording the finding. Under these circumstances, -Letters Patent Appeal No. 117 of 2005 arising out of Special Civil Application No. 8971 of 2003 … duties performed by the Respondent herein he does not fall within the definition of 'workman' as contained in Section 2(s) of the Industrial Disputes Act, 1947 (for short 'the Act'). The Labour Court negatived the said contention

S. Chaoba Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ServiceCivil

Acts : Constitution of India - Article 226; Constitution of India (15th Amendment) Act, 1963; Constitution of India (47th Amendment) Act, 1976; Prevention of Corruption Act, 1988 - Sections 19 and 25

authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 … is charged with :-BSF Act Abetment of commissions of an offence by a public servant Sec. 46 under Section 7 punishable under Section 12 of Prevention of Corruption Act, 1988.In that, they while on OP duty at … confirmed by the authority concerned and the petitioner made representation under Section 117(2) of the B.S.F. Act, 1968 which was ultimately rejected. Assailing the aforesaid

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 … principles of natural justice. On the other hand, learned counsel for the respondents has contended that as per Section 117 of the Navy Act, the court martial had considered the finding and re-assembled and the President informed the

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 … Its duties and discretionary functions are laid down in ss. 116 and 117 of the Act. Now the Cantonments Act 1924 has an important section … 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