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State Vs. Kawas Manekshaw Nanavati
Mumbai
Mar-30-1960
Criminal
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
(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 … 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. … 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
Tag this Judgment! AI Brief & AskSamrendra Beura Vs. U.O.i. and Others
Supreme Court of India
May-20-2013
Service
Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957
the Army Act would equally govern the person sentenced to undergo rigorous imprisonment by the court-martial under the Navy Act, 1957 (for short “the 1957 Act”) and the Air Force Act. The two-Judge Bench referred to the divergence of … India, the petitioner, an employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer … dated 15.3.2013 which has been affirmed by the Competent Authority under Section 161(1) of the said enactment, has prayed for issue of a writ of
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Delhi
Sep-23-2013
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 … an application under Section 160 of the Navy Act.71. We notice that there is no statutory mandate under Section 161 that the Chief of the Naval Staff must necessarily consider the report of the JAG himself. Section 161
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Ex Cdre. Narinder Pandit Vs. Union of India and Others
Armed forces Tribunal AFT Principal Bench New Delhi
May-19-2011
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 … 2000 SC 2587(1)). When the order passed by the court martial was subjected to a remedy available under Section 161 of the Act before the higher forum and was finally decided, the authorities subordinate to such forum cannot
Tag this Judgment! AI Brief & AskCommander Ravinder Singh Vs. Union of India and Others
Armed forces Tribunal AFT Principal Bench New Delhi
May-29-2012
Education
months awarded therein and deduction of mulcts for 42 days. 13. Petitioner filed statutory petition under Section 160, 161 and 162 of the Navy Act, 1957 by preferring a Judicial Review before the Chief of Naval Staff … 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; â123. Provisions relating to dissolution of courts-martial â (1)
Tag this Judgment! AI Brief & AskM.K. Mishra Vs. Union of India, Represented by the Secretary and Anoth ...
Armed forces Tribunal AFT Regional Bench Kochi
Jan-31-2014
Land Acquisition
guilty of the charge under Section 354 of the Indian Penal Code read with Section 77(2) of the Navy Act, 1957 and was accordingly dismissed from the service. 2. In this order we will not disclose the identity of … before the Apex Court in appeal as Kanwar Pal S. Gill v. State and another, (2005) 6 SCC 161. The Apex Court held in para 4 that the accused (KPS Gill) slapped on the posterior of the
Tag this Judgment! AI Brief & AskSamrendra Beura Vs. U.O.i. and ors.
Supreme Court of India
May-20-2013
Education
Army Act would equally govern the person sentenced to undergo rigorous imprisonment by the court- martial under the Navy Act, 1957 (for short “the 1957 Act”) and the Air Force Act. The two-Judge Bench referred to the divergence of … India, the petitioner, an employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer … dated 15.3.2013 which has been affirmed by the Competent Authority under Section 161(1) of the said enactment, has prayed for issue of a writ of
Tag this Judgment! AI Brief & AskMange Ram Vs. Presiding Officer and anr.
Punjab and Haryana
May-14-2010
Labour and Industrial
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 of … 51, 54, 55, 57, 58, 61, 77, 118, 119, 125, 126 and 161 to contend that the respondent-Dera Beas is an industry under the Industrial … the reference has been answered against him holding therein that he is not a 'workman' as defined under Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and also that the respondent-Radha
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Armed forces Tribunal AFT Regional Bench Kochi
May-19-2011
Land Acquisition
08° 19.62'N 73° 03.4'E off Minicoy island and thereby committed an offence punishable under Section 55(2) of the Navy Act 1957. ii. Charge 2. Between 25th day of November 2003 and 29th day of November 2003 contravene Regulation 1331 … the Judge Advocate General of the Navy to review the proceedings of trial by court-martial or disciplinary courts. Section 161 deals with the power of Chief of Naval Staff to consider and send a report to the Central
Tag this Judgment! AI Brief & AskVikrampal Singh Versus Union of India and Others
Armed forces Tribunal AFT Principal Bench New Delhi
Apr-26-2010
Land Acquisition
petitions under Article 226. It is now contended that in view of the special provisions contained in the Navy Act, 1957, except for an error of jurisdiction or an order which per se would be perverse, this Tribunal cannot … priors contraresas abrogantâ¦. 10. It is argued on behalf of the respondents that under Section 160 Read with Section 161 of the Navy Act, the power of the judicial review has been conferred under the Navy Act to
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