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R.K. Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : ServiceConstitution

Acts : Constitution of India - Article 14, 226 and 226(2); Navy Act, 1957 - Sections 11(2) and 23; Navy Service Regulations, 1965 - Regulations 235 to 239 and 269(1A)

Reported in : 2002(3)ALLMR434; 2002(4)BomCR567; (2002)4BOMLR246; [2002(94)FLR956]; 2002(3)MhLj561

being Civil Writ Petition No. 6470 of 1999 inter alia challenging the provisions of Section 11(2) of the Navy Act, 1957 and Regulation No. 269(1A) of the Navy Service Regulations, 1965 as being unconstitutional on the ground that they … violated the rules and regulations of the Navy by approaching the court without exhausting the remedies available under Section 23 of the Navy Act and regulations 235 to 239 of the Reg. Navy Part II (Statutory). Therefore the

Sh. Raj Kumar M.E.-i Vs. Union of India and Another

Court : Delhi

Subject : Land Acquisition

contended that their trial was already over and that they were tried under Section 93 (2) of the Navy Act, 1957 and the case against them was also established. 24. The respondents further contended that the petitioner was given … learned counsel for the respondent has further contended that the petitioner’s representation against the order of penalty, under Section 23 of the Navy Act was also duly dealt with by the Naval Authorities in the manner prescribed in

Commander Ranvir Kumar Sinha Vs. the Union of India and Others

Court : Mumbai

Subject : Criminal

Reported in : 1991(2)BomCR28; 1991CriLJ1729

in the conduct of proceedings before the BOI. This representation, purporting to be under section 23 of the Navy Act, 1957 (the Act), was rejected by the Flag Officer Commanding-in-Chief, Eastern Command, on 21st October 1987. A further representation

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

Court : Supreme Court of India

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 … Misc. Provision) Regulation 1965 and Navy Order No. Str. 17 of 1994 regarding re-engagement of 'Sailors' (RP/0805/93). In Section 3(20) 'sailor' is defined as a person in the naval service other than an officer. In Section 11, … P. Yadav's writ application was allowed by a learned single Judge on 23-10-1998 [Reported in (1998) 76 DLT 722. Raj Kumar's application was allowed by

Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

when commit any offence are dealt with the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure Code. The said Navy Act … Martial for the commission of offence of murder of Lance Nk. Partap Singh.4. The petitioner was chargesheeted under Section 69 of the Army Act for committing a civil offence under Section 302 of the Ranbir Penal Code. … of evidence was recorded by the Court Martial in accordance with Rule 23(3) of the Army Rules and no fault is found in the summary

Avtar Singh Vs. Union of India and ors

Court : Delhi

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 … martial finding the petitioner guilty of commission of eight charges, i.e, 4th 6th 7th 20th (of Rs.13,852/- only) 23rd 25th 26th and 27th charge (out of the 27 charges for which he was tried) as well as

In the Matter Of: R.P. Sharma Versus the Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Land Acquisition

back for duty inspite of repeated communications. He was thus a deserter as per Section 49(2) of the Navy Act 1957 and not under Section 41 (a) of the Navy Act as stated by the applicant. He is not … 8.3.1996. He requested for 10 days extension, which was granted. He was to report back to duty on 23.4.1996. On his failure to report for duty after expiry of leave, action was initiated as per Navy Order

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 … participated in 1962, 1965 and 1971 military operations. The applicant-Umesh Kumar Singh got married at the age of 23 years in May 1997. Under the Naval Regulations, the applicant is not entitled to have his spouse alongwith

M. Sanjay and Another Vs. Union of India, Represented by Its Secretary ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : Education

has indulged in malpractice during an examination will in addition to the punishment awarded under Section 74 of Navy Act, 1957, will forefit his candidature and be debarred by administrative authority concerned from appearing in two successive examination in … representation on this subject since 2006. He has not availed of any departmental remedy in accordance with Sec. 23 of the Navy Act read along with Regulations of Navy. Considering all these aspects, the Respondents have argued

Union of India Vs. R.C. Jain

Court : Delhi

Subject : Service

Acts : Navy Act, 1957 - Sections 184; Navy (Pension) Regulations, 1964 - Regulation 79

Reported in : 25(1984)DLT245; 1984LabIC1935

of the Navy (Pension) Regulations, 1964 framed in exercise of the powers conferred by Section 184 of The Navy Act, 1957 (hereinafter referred to as the Act), as also Section 13 of the Act requiring oath of allegiance to … Indian Navy at Indian Naval Ship Shivaji Lonavela, Poona. He worked as a trainee in that capacity uptil 23rd August, 1963. From the date of completion of his aforesaid training he was advanced to Electrical Artificer (Power)