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Oct 22 2008

Lt. Cdr., M.P. Verma Vs. Union of India (Uoi)

Court : Delhi

Decided on : Oct-22-2008

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 … and as such he was responsible for various procurement activities on behalf of Navy.2. In or around June 2003 Intelligence inputs were received by the Navy Authorities about extortion of illegal gratification by some Naval officers from

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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 … were supplied only on 15-6-92 after he made a representation on 22-5-92. Thereafter the censure was communicated on 20-5-92. Petitioner made representations on 22-5-92, 29-5-92 21-6-92 29-5-92 21-6-92 , 22-6-92 etc.. through his immediate superior officer in

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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 … appeal under Section 15. Section 18 deals with cost; Section 19 deals with power to punish for contempt; Section 20 deals with distribution of business among the Benches. For ready reference the provisions of Sections 14, 15, 16,

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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 … was decreed by the trial Court. On appeal, the High Court held that the contract was void under Section 20 of the Indian Contract Act as both parties were under a mistake of fact as regards the title

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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 … soon pursuant to the show-cause notice issued. However, without waiting any further, he filed a writ petition on 20.1.1993 in the High Court. After the filing of the said writ petition, an order was passed on 28.3.1994

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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 … to the company the offence must be taken to have been complete, has, thereforee, to be rejected. ' 20. The concept of continuing offence is well settled and if the petitioner had made local purchase beyond his

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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

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Nov 28 1996

Anuj Kumar Dey and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-28-1996

Subject : Service

Acts : Navy Act, 1957 - Sections 3(16), 3(17), 3(20), 16, 17 and 184; Navy (Pension) Regulations, 1964 - Regulations 2(1), 69(1), 78, 79, 261, 290 and 291

Reported in : 1996IXAD(SC)298; [1997(75)FLR173]; JT1996(10)SC679; 1996(8)SCALE659; (1997)1SCC366; [1996]Supp9SCR269

into the merits of the case, it will be necessary to refer to the relevant provisions of the Navy Act, 1957 and also to some of the Regulations framed under the said Act:THE NAVY ACT, 1957CHAPTER - IPRELIMINARY3. In … hold office during the pleasure of the President.16. Discharge on expiry of engagement.- Subject to the provisions of Section 18, a sailor shall be entitled to be discharged at the expiration of the term of service for

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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) … INS Viraat and various fleet ships and was appointed as a Flight Commander on board INS Delhi in 2003. He has passed professional examination i.e. the staff college entrance examination in 2001 and did his mandatory sea

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Dec 08 2010

Avtar Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Dec-08-2010

Subject : Land Acquisition

executed whereas, no such modification was carried out, thereby committed an offence punishable under Section 60(a) of the Navy Act 1957. There is no dispute in regard to the fact that the appellant had signed the Work Completion Report … Rs.10,000/-, with a default clause of rigorous imprisonment for six more calendar months. On judicial review, Charge No. 20 was found not to have been established against the appellant and he was exonerated of that charge and

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