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P.D. Yadav Vs. Union of India

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Navy Pension Rules, 1964 - Rule 15(2)

Reported in : 1997IIAD(Delhi)901; 66(1997)DLT832; 1997(41)DRJ172

M. Jagannadha Rao, J.(1) These two writ petitions arising under the Navy Act, 1957 have been referred to a Full bench for being disposed of Along with Cwp 2813/94, 2866/90 and 4706/94 … 1980. He was charge-sheeted in January 1990 and tried by a General Court Martial on 5 charges under Sections 43, 47 and 48 of the Navy Act, found guilty of the 2nd, 3rd, 4th and 5th charges … a show cause on 21.6.91 under the statutory Regulations 1964 namely, Regulation 15(2), as to why his pensionary benefits should not be forfeited. Petitioner sent

Lt. Rajender Singh Punia Vs. Chief of Naval Staff and anr.

Court : Andhra Pradesh

Subject : ServiceFamily

Acts : Navy Act, 1957 - Sections 15 and 15(2); Code of Civil Procedure (CPC) - Sections 79 - Order 1, Rules 9 and 10; Army Rules, 1954 - Rule 14 and 14(2); Constitution of India - Articles 226 and 300; Navy Regulations - Regulation 216, 216(2), 216(3) and 216(5); Army Act

Reported in : 2007(5)ALD349; 2007(4)ALT421

28-7-1995 vide which he was discharged from naval service with effect from 10-8-1995 under Section 15(2)(a) of the Navy Act, 1957 (for short, 'the Act') read with Regulation 216 of the Regulations Navy, Part II (statutory) (hereinafter referred to

Union of India and Others Vs. R.P. Yadav

Court : Supreme Court of India

Subject : ServiceContract

Acts : Navy Act, 1957 - Sections 3(20), 11, 14(1), 15, 16, 17, 18, 41 and 184(1); Constitution of India - Articles 14 and 226; Contract Act - Sections 18, 19; Indian Contract Act, 1982 - Sections 18(1)

Reported in : AIR2000SC2252; JT2000(6)SC371; 2000(4)SCALE600; (2000)5SCC325; [2000]Supp1SCR196; (2000)3UPLBEC2174

In our view the answer to the first question rests on the interpretation of relevant provisions of the, Navy Act, 1957, the Navy (Discipline and Misc. Provision) Regulation 1965 and Navy Order No. Str. 17 of 1994 regarding re-engagement … except with the permission of the prescribed officer.11. Chapter V contains the provisions regarding conditions of service. In Section 15, which deals with tenure of service of officers and sailors it is declared in Sub-section (1) that every

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, including their dependents, … jurisdiction, as evidenced by Section 256 of the Indian Companies Act, 1956, Section 27 of the Wealth Tax Act, 1957, Section 26 of Gift Tax Act, 1958, and Section 18 of Companies (Profits) Surtax Act, 1964. Similarly, there are … jurisdiction, powers and authority of the Tribunal. Section 14 talks of jurisdiction, powers and authority in service matters. Section 15 deals with jurisdiction, powers and authority in matters of appeal against court-martial. Section 16 deals with re-trial. Section

Ex. Commodore Narinder M. Pandit Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Navy Act, 1957 - Sections 54(2), 60, 77(2), 81 and 82(3); Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Army Act - Sections 71 and 73; Navy Pension Regulations - Regulations 15, 15(2) and 16

Reported in : 147(2008)DLT74; 2008(100)DRJ735; 2008(3)SLJ363(Delhi)

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 CG/3224NM … pieces Size 18 Sailors Suitcases valued at approximately Rs. 35 Lakhs vide CPRO(MB) Order No. MOPR/CMT-1/01111/098/2002/DG- 559 dated 15 Jun 02, at his residence 311, Block 23, Arjun Vihar, New Delhi, and thereby committed an offence under

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

Court : Supreme Court of India

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 … from service was imposed on him on 26.2.1990. He was given a show-cause notice on 21.6.1991 under Regulation 15(2) on the Navy (Pension) Regulations, 1964 as to why his pensionary benefits should not be forfeited. He sent

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

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) … INS Sagardhwarni and INS Sindhudurg. 3. Petitioner got married in 1993 and had a son, who is now 15 years of age, out of the said wedlock. The marriage ended in an acrimonious divorce on 21.08.2008. During

Onkar Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : Navy Act, 1957 - Sections 11 and 184; Navy (Ceremonial Conditions of Service and Miscellaneous Provision) Regulations, 1963 - Regulations 268(1) and 269; Navy Service Pension and Gratuity Pension Regulations (Navy), 1964 - Regulations 78 and 79

Reported in : 2002(2)BomCR247

Miscellaneous Provision) Regulations, 1963, hereinafter referred to as the 'Regulations' which were framed under section 184 of the Navy Act, 1957, hereinafter referred to as the Act. Section 11 relates to the enrolment of sailor. Section 11(2) of the … petitioners were sailors. They joined the services of the Indian Navy as Artificer Apprentices for a period of 15 years from the date of their respective appointments. They were discharged from service on different dates before completion

P.P. Prasad Vs. Lt. Commander and ors.

Court : Kolkata

Subject : Criminal

Acts : Indian Navy Act, 1957 - Section 78; ;Army Act, 1950; ;Air Force Act, 1950; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 190, 200 to 204, 323, 342, 397, 401, 448, 475 and 482; ;Constitution of India - Article 227

Reported in : 1999CriLJ243

in terms of Section 475 of the Code of Criminal Procedure read with Section 78 of the Indian Navy Act, 1957 before the learned Chief Judicial Magistrate First Class (II) at Port Blair, which was, however, rejected by the … Islands at Port Blair in Revision Case No. 11 of 1998 moved against the order No. 20 dated 15-9-1998 passed by the learned Judicial Magistrate First Class (II) at Port Blair in C.R. Case No. 34 of

In Re: B.M.G. Pharmaceuticals (P) Ltd. (In Liquidation)

Court : Kolkata

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 2; ;Workmen's Compensation Act, 1923 - Section 14; ;Employees' State Insurance Act, 1948; ;Companies Act, 1913 - Sections 230(5), 529(1) and 529(3); ;Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 11 and 11(2); ;Air Force Act, 1950; ;Army Act, 1950; ;Navy Act, 1957; ;Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1973 - Sections 11(1), 14B, 15(2), 17 and 17(6); ;Presidency-towns Insolvency Act, 1909 - Section 49; ;Provincial Insolvency Act, 1920 - Section 61; ;Companies (Amendment) Act, 1956 - Section 53C, 235, 237, 529, 529A, 529A(1), 530, 530(1) and 530(8); ;Apprentices Act, 1961; ;Income Tax Act, 1961 - Section 220(2) and 220(3); ;Companies (Amendment) Act, 1985

Reported in : (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal

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 … be, the Insurance Fund, damages recoverable under Section 14B, accumulations required to be transferred under Sub-section (2) of Section 15 or any charges payable by him under any other provision of this Act or of any provision of