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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 … 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 with cost; Section 19 deals

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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 … Chief of the Naval Staff; (b) he is re-enrolled in accordance with the regulations made under this Act. Section 17 which makes provision as to discharge provides in Sub-section (1) that a sailor entitled to be discharged under

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Sep 11 2009

Battula Veeraswamy Vs. the Regional Provident Fund Commissioner and or ...

Court : Andhra Pradesh

Decided on : Sep-11-2009

Subject : Service

Acts : Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 1, 3, 5, 5A, 5D, 6, 6C, 6D, 7, 11, 14, 14A, 16, 17(1), 17(1C), 27 and 27A; Central Civil Services (Pension) Rules, 1972 - Rules 49(1), 50(1) and 50(2); Central Civil Services (Pension) Rules, 1971 ;Constitution of India - Articles 36, 37, 41, 47 and 226; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Civil Service Regulations

Reported in : 2009(6)ALT464

the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) ;(f) `Family pension' means `Family Pension, 1964', admissible under Rule 54 but does not include … by it from the central government, for the grant of exemption from the EPPS, 1971 in terms of Section 17(1C) of the Act. Accordingly, the Central Provident Fund Commissioner through his notifiation dated 30.9.191 exercised the power conferred

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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 … his pensionary benefits should not be forfeited. According to petitioner, he suffered 17% physical handicap on account of the strain due to the Court Martial

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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) … on 07.11.2008 i.e. after the petitioner had already departed on pre-sanctioned leave. Petitioner reported back on duty on 17.11.2008 after answering the summons of the Allahabad High Court. He was surprised to find out that on 18.11.2008

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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 … suspension of sentence till judicial review by the Judge Advocate General (Navy) was rejected by an order dated 17th March, 1991 passed by the Chief of the Naval Staff and on the 18th of March, 1991, the

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May 26 2005

Chairman-cum-managing Director, Fertilizer Corporation of India Limite ...

Court : Allahabad

Decided on : May-26-2005

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2, 2(1), 4(1), 7(4), 7(7), 13, 18 and 103; Payment of Gratuity (Central) Rules - Rules 10(2) and 17; Apprentice Act, 1961 - Sections 2; Employees' State Insurance Act, 1948 - Sections 2(9) and 2(22); Industrial Disputes Act, 1947 - Sections 2; Working Journalists (Conditions of Service) Miscellaneous Provisions Act, 1965; Payment of Wages Act; Contract Labour (Regulation and Abolition) Act, 1970; Employees Provident Fund Act, 1952; Air force Act, 1950; Army Act, 1950; Navy Act, 1957; Factories Act, 1948 - Sections 67; Labour Law; Indian Contract Act

Reported in : 2005(2)ESC1547

to the Air force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957).39. The legislature has used the word 'means' while defining the words 'employees' and 'wages' used … Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling authority/the … to a further sum of Rs. 11,987/- towards gratuity, hence each one of them filed an application under Section 7(4) of the Act read with Rule 10(2) of the Rules, before the Controlling Authority/Assistant Labour Commissioner (Central),

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Aug 16 2007

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

Court : Kolkata

Decided on : Aug-16-2007

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 … fund or any insurance fund, any contribution payable by him towards the Pension Fund under Sub-section (6) of Section 17, damages recoverable under Section 14B or any charges payable by him to the appropriate Government under any provision

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Jul 27 1998

Commander V.S. Batra Vs. Chief of the Naval Staff, Naval Headquarters( ...

Court : Delhi

Decided on : Jul-27-1998

Subject : Service

Acts : Constitution of India - Article 227; Navy Act, 1957 - Sections 79

Reported in : 1998VAD(Delhi)91; 74(1998)DLT810; 1998(47)DRJ130

There was no conspiracy and the convening of the court martial was barred under Section 79 of the Navy Act, 1957.3. On the 29th of September, 1997, the Director of Personnel Services wrote the petitioner stating that since the … fraudulent transactions as listed in Annexure 1 to this charge-sheet, between the 19th day of September 1994 and 17th day of January 1995, with the knowledge that he was likely thereby to cause a wrongful loss to

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May 08 1995

Commopore C.P. George Vs. Chief of Naval Staff

Court : Delhi

Decided on : May-08-1995

Subject : Service

Acts : Navy Act, 1957 - Sections 81, 81(1), 82, 82(20), 93 and 94(2)

Reported in : 58(1995)DLT578

are of the view that the Chief of Naval Staff has such a power.(15) Section 81(l)(n) of the Navy Act, 1957 permits other minor punishments which were being imposed by 'custom' to be imposed. Section 82 deals with the … was promoted to that rank. Later the Cwp was amended, seeking also the quashing of the order dated 17-8-93 of the Central Government rejecting the petitioner's statutory complaint. The amended Cwp was filed on 7-9-93.(3) Cwp No.

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