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

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 428, and 475; Army Act, 1950 - Sections 167; Air Force Act, 1950; Navy Act, 1957

Reported in : AIR1987SC1646; 1987CriLJ1877; 1987(2)Crimes433(SC); JT1987(2)SC290; 1987(1)SCALE953; (1987)3SCC340; [1987]3SCR84; 1987(2)LC219(SC)

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 … and detention of offenders and terminating with the execution of sentences and the grant of remissions, suspensions etc.9. Section 167 of the Act specifically lays down that whenever a person is sentenced by a Court-Martial under the Act

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 … contrary to Sections 97(18) and (19) of the said Act, we may observe that in accordance with Regulation 167, a general notice of Court Martial by way of signal was issued once it was decided to commence

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

Court : Armed forces Tribunal AFT Regional Bench Chennai

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

M. Shaikh Dawood Vs. Collector of Central Excise, Madras

Court : Chennai

Subject : Customs

Acts : Sea Customs Act, 1878 - Sections 167(8)

Reported in : AIR1961Mad1; 1961CriLJ96; (1960)IIMLJ230

the same offence. Another statute which can be called up, from memory and without research is the Indian Navy (Discipline) Act, 1934. Section 4 of that Act provides that for the offences specified therein the offender may … after the passing of the order of this court, dated October 31, 1957 it has now become necessary to determine."The Court finally held that the … of Central Excise, Nagappattinam, to show cause (1) why the 84 wrist watches should not be confiscated under Section 167(8), of the Sea Customs Act read with Section 3(2) of the Import and Export (Control) Act, 1947, and

Gosa Vs. Mayden

Court : US Supreme Court

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 … , 158 U. S. 114 (1895); Smith v. Whitney, 116 U. S. 167 , 116 U. S. 184 -185 (1886); Coleman v. Tennessee, 97 U. … 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.

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : 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 … between different High Courts pertaining to the applicability of Section 428 of the Code and, thereafter, the interpreted Section 167 of the 1950 Act and came to hold as follows: -“9. Section 167 of the Act specifically lays

Samrendra Beura Vs. U.O.i. and ors.

Court : Supreme Court of India

Subject : 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 … between different High Courts pertaining to the applicability of Section 428 of the Code and, thereafter, the interpreted Section 167 of the 1950 Act and came to hold as follows: -“9. Section 167 of the Act specifically lays

Bell Vs. United States

Court : US Supreme Court

Subject : MRTP

without leave. See Avins, Law of AWOL, p. 167 (1957); Snedeker, Military Justice under the Uniform Code, … which specially apply to such service. These fix the pay to which officers and men belonging to the Navy are entitled, and the rule to be deduced therefrom is that both officers and men become entitled to … several times, [ Footnote 18 ] and finally was made permanent in 1957. [ Footnote 19 ] So far as relevant here, this legislation provides … the date of their discharge from the Army. Held: under 37 U.S.C. § 242 and the Missing Persons Act, petitioners were entitled to the pay and allowances that accrued during their detention as prisoners of war; but … in the United States." "(2) Any person violating the provisions of this section shall be immediately removed from the position or office held by him,

Greene Vs. Mcelroy

Court : US Supreme Court

Subject : Education

the design of a rocket launcher, both of which were produced by ERCO and long used by the Navy. During the post-World War II period, petitioner was given security clearances on three occasions. [ Footnote 1 ] … manufactured materials for national defense. Report of the Commission on Government Security, 1957, S.Doc.No.64, 85th Cong., 1st Sess. 236. During World War II, the War … ; Dismuke v. United States, 297 U. S. 167 , 297 U. S. 172 ; Ex parte … his security clearance was unlawful and void and an order restraining the Secretaries of the Armed Forces from acting pursuant to it. Held: In the absence of explicit authorization from either the President or Congress, the Secretaries … subsections (b)-(e), the head of an agency may, in negotiating contracts under section 2304 of this title, make any kind of contract that he considers

Mcelroy Vs. Guagliardo

Court : US Supreme Court

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. … . 104 U.S.App.D.C. 112, 259 F.2d 927, affirmed. 167 F.Supp. 791 reversed. Page 361 U. S. 282 … 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