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Oct 18 2001

Mr. Sarabjit Singh Sahi Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Oct-18-2001

Subject : Service

Acts : Constitution of India - Article 226; Navy Act, 1957 - Sections 16; Navy Service Pension and Gratuity Pension Regulations, 1964 - Regulations 78, 217 and 218; Contact Act - Sections 19

Reported in : 2002(62)DRJ800

the judgment in R.P. Yadav's case (supra).3. It may briefly be recounted that under Section 16 of the Navy Act 1957 a Sailor is entitled to be discharged on the expiration of the term of service for which he

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May 10 2000

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

Court : Supreme Court of India

Decided on : May-10-2000

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 … the Naval Staff or any prescribed officer may dismiss or discharge from the naval service any sailor. In Section 16, it is provided inter alia that a sailor shall be entitled to be discharged at the expiration of

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Jan 05 2012

Umesh Kumar Singh Vs. the Flag Officer Commanding-in-chief, Eastern Na ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Jan-05-2012

Subject : MRTP

thereby committed an offence punishable under Section 392 of Indian Penal Code read with Section 77(2) of the Navy Act, 1957.2) Did at about 19.20 hours on the 4th day of June, 1998 wrongfully confine Shri N.K.Marwaha, Branch Manager … applicant was issued with a charge sheet dated 29.06.1999 countersigned by the Vice Admiral, Flag Officer, Commanding-in-Chief on 16.07.1999, wherein the charges run as follows:-1) Did at about 19.20 hours on the 4th day of June, 1998

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Feb 25 2010

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

Court : Allahabad

Decided on : Feb-25-2010

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 … 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 17 deals with powers of Tribunal on appeal under Section 15. Section 18 deals

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Mar 04 1997

P.D. Yadav Vs. Union of India

Court : Delhi

Decided on : Mar-04-1997

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 … the Chief of Naval Staff on 18.8.81. But, in proceedings under Section 160 of the Act, acquitted of charge No. 20, which according to the

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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 … not given to him, he filed Civil Writ Petition No. 1249/90 in the High Court on 3.3.1990. On 16.4.1991, a show-cause notice was issued under Section 16(a) of the Pension Regulations of the Army (Part-I Proposing forfeiture

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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 … 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 … copy of an order passed by the Governor of Bombay under Article 161 of the Constitution of India, suspending the sentence passed by this Court.

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Feb 14 2005

Management of Sonepat Cooperative Sugar Mills Ltd. Vs. Ajit Singh

Court : Supreme Court of India

Decided on : Feb-14-2005

Subject : Labour and IndustrialCivil

Acts : Industrial Disputes Act, 1947 - Sections 2, 25F and 33C(2); Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Arbitration Act, 1940 - Sections 16 and 16(3)

Reported in : AIR2005SC1050; 2005(2)AWC1130(SC); 2005(3)ESC305; [2005(105)FLR1]; [2005(2)JCR311(SC)]; JT2005(2)SC370; (2005)ILLJ1122SC; (2005)140PLR645; (2005)3SCC232; 2005(2)SLJ188(SC);

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 … that case a part of the award was remitted by the court in exercise of its jurisdiction under Section 16 of the Arbitration Act, 1940. Rejecting a contention that by reason of such remittance the entire award becomes

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May 29 2012

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-29-2012

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) … by the Honble Allahabad High Court for personal appearance for 12.11.2008. He applied for leave from 08.11.2008 to 16.11.2008 on the grounds of summon and his fathers chemotherapy treatment scheduled on 14.11.2008. His leave was accordingly approved

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Sep 23 2013

Avtar Singh Vs. Union of India and ors

Court : Delhi

Decided on : Sep-23-2013

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 … filed by the petitioner assailing the following:(i) the order dated 1st November, 1990 passed in terms of Regulation 169 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 convening the court martial of the petitioner which was

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