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Oct 22 2008

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

Court : Delhi

Decided on : Oct-22-2008

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 … that the head of the organization can certify copies of the documents as correct. This is contrary to Section 133 of the Navy Act because it is only the Commanding Officer or the Secretary of Ministry of Defence

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Oct 16 2001

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Decided on : Oct-16-2001

Subject : Service

Acts : Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

the said office and to come afterwards and thereby committed an offence punishable under Section 47(a) of the Navy Act, 1957. 3. Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1402 … order to bring the same within the financial powers of MG ASC, HQ Southhern Command, contrary to Rule 133 of Financial Regulation Part I (Volume I). 1983. Which prohibits such splitting-up. 10. At Madras, between November 1987

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Mar 30 1960

State Vs. Kawas Manekshaw Nanavati

Court : Mumbai

Decided on : Mar-30-1960

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 75(2), 93 and 307; Constitution of India - Articles 72, 161 and 361; Navy Act, 1957 - Sections 3(12), 53(16), 81(1), 82(10), 89(3), 122, 123, and 146; Supreme Court Rules - Order 21, Rule 5

Reported in : (1960)62BOMLR383; 1960CriLJ1558

was willing and ready to take the accused in naval custody as defined in S. 3(12) of the Navy Act, 1957, and that the accused would be detained under the orders of the Naval Provost Marshall in exercise of … reprieve is to be found in Balmukand v. Emperor 42 Ind App 133 : AIR 1915 PC 29. The facts in this case were no … Chainani, C.J.(1) In Criminal Reference No. 159 of 1959, which was made to this Court under Section 307 Cr. P. C. by the Sessions Judge, Greater Bombay, a Division Bench of this Court, consisting of

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Jul 15 2011

Sadashiv Gajanana Bhat Vs. Union of India Through the Secretary, Gover ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Jul-15-2011

Subject : Land Acquisition

Forces Tribunal Act shall apply to all 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) and this Act shall also apply … The respondents in their joint counter would contend that the applicant does not fall within the definition of Section 2 of the Army Act 1950 read with Section 2 of the Armed Forces Tribunal Act 2007 and

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Mar 03 1999

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

Court : Mumbai

Decided on : Mar-03-1999

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2-A and 10(1); Constitution of India - Articles 226 and 227; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957

Reported in : 1999(3)ALLMR89; 1999(4)BomCR209; (1999)2BOMLR536; 1999(2)MhLj933

such person.(i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or(ii) who is employed in the police service or as an officer or other employee of a prison, … any importance.15. The deposition of Mrs. Sunita M. Kaunds is at page 133. She is witness No 2 of the management. She says that she … of 1990 on 4th July, 1994. This reference has been referred to the Tribunal under the provisions of section 10(1)(d) read with section 2-A of the Industrial Disputes Act, 1947 The services of the petitioner came to

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Mar 29 2012

Soudamini Vs. Kunhathi

Court : Kerala

Decided on : Mar-29-2012

Subject : Land Acquisition

Reported in : 2012(3)KLT96

the Act covers the ambit and also its applicability to all persons, subject to the Army Act, 1950, Navy Act, 1957 and Air Force Act, 1950 Sub-s. (2) of that section makes the Act applicable to the retired personnel

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Apr 14 1977

Velji Lakhamsi and Co. and ors. Vs. Benett Coleman and Co. and ors.

Court : Supreme Court of India

Decided on : Apr-14-1977

Subject : Property

Acts : Indian Penal Code (IPC) - Sections 93; Code of Criminal Procedure (CrPC) - Sections 2, 3, 4, 5, 6, 7, 8, 13, 13(1), 15, 36(1), 51, 51(3), 53, 54, 55, 55(1), 87, 93, 93(1) and 120B; City of Bombay (Building Works Restriction) Act, 1944 - Sections 3 and 8; Bombay Rents Control Act, 1947 - Sections 13(3A), 17, 17A and 17G; Bombay Building Town Planning Act; General Clauses Act, 1897 - Sections 6

Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)

provided that every person who held a commission or warrant as surgeon or assistant surgeon in his Magesty's Navy or Army should be entitled to practise as an apothecary without having passed the usual examination. The statute … it continued, to remain in occupation of the premises. On 4th September 1957, the Government of Bombay sanctioned what came to be called the Town … Oliver (supra) related to 6th Geo 4, c. 133, Section 4 whereof provided that every person who … 1944, declared its intention to formulate a town planning scheme under the provisions of the Bombay Town Planning Act of 1915. The Government of Bombay sanctioned the making of the Scheme by their resolution No. 5355/33 dated … virtue of the proclamation dated 4th November, 1939, issued by him under Section 93 of the Government of India Act, 1935 assuming to himself inter

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Jun 25 1973

Gosa Vs. Mayden

Court : US Supreme Court

Decided on : Jun-25-1973

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 … 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.

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Jan 18 1960

Mcelroy Vs. Guagliardo

Court : US Supreme Court

Decided on : Jan-18-1960

Subject : Land Acquisition

entirely inapposite. Page 361 U. S. 285 Those cases permitted trial by courts-martial of paymasters' clerks in the navy. The Court found that such a position was "an important one in the machinery of the navy," the … ] See Army Regulations 600-201, 20 June 1956, as changed 15 March 1957, and Army Regulations 624-200, 19 May 1958, as changed 1 July 1959. … (1957), was binding as to all classes of persons included within the section and that each class was nonseverable. 104 U.S.App.D.C. 112, 259 F.2d 927. … the Navy's Bases in World War II (1947) 133. Just as electricians, clerks, draftsmen, and surveyors were … Army and stationed in Berlin, was convicted by a general court-martial on a plea of guilty to three acts of sodomy. While serving his five-year sentence, petitioner filed a petition for a writ of habeas corpus in

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Mar 25 1975

Schlesinger Vs. Councilman

Court : US Supreme Court

Decided on : Mar-25-1975

Subject : Land Acquisition

warrants intruding on the integrity of military court processes. Reversed. [ Footnote 1 ] See Secretary of the Navy v. Avrech, 418 U. S. 676 (1974). [ Footnote 2 ] Pet. for Cert., App. E, pp. 23-25. … Uniform Code of Military Justice (UCMJ), which provides that court-martial proceedings "are final and conclusive" and that "all action taken pursuant to those proceedings [is] binding upon all . . . courts . . . of the … to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary … jurisdiction that the District Court might have had under 28 U.S.C. § 1331 had been removed by Art. 76 of the Uniform Code of Military

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