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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, … to this order. As Expiry of Engagement Serial is published by CABS 24 months in advance the recommendations for re-engagement of sailors are to reach

Shivendra Bikaram Singh (Ex. Lt.) Vs. Union of India(Uoi), Through the ...

Court : Mumbai

Subject : Criminal

Acts : Navy Act, 1957 - Sections 77, 77(2), 78, 78(1), 97, 101, 102, 103 and 163; Indian Penal Code (IPC), 1860 - Sections 325, 352, 425, 452, and 497; Evidence Act, 1872 - Sections 3 and 50; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 156

Reported in : 2002(1)BomCR695

of the Navy Act, 1957 and sentenced to Rigorous Imprisonment as Class I prisoner for a period of 24 months; to be dismissed with disgrace from Naval service and to suffer the consequential penalties involved. The said … (Exh.P.2) as well as order passed by him in exercise of powers conferred under section 163 of the Navy Act, 1957 vide order dated January 31, 2001 (Exh. P.2/A). The petitioner challenges these orders whereby the Chief of the

P.D. Yadav Vs. Union of India

Court : Delhi

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. Petitioner sent a reply on 24.7.91. The residents sent a letter on 18.11.91 asking for copies of certain

Kanwardeepsingh Harbansingh Bedi Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Navy Act, 1957 - Sections 3(3), 3(13), 34 to 76, 77(1), 78, 78(1) and 93(1); Evidence Act - Sections 145; Army Act - Sections 125, 126 and 126(1); Naval Discipline Act; Indian Navi (Discipline) Act, 1934; Air Force Act; Prevention of Corruption Act - Sections 5(1) and 5(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(2), 5, 192, 193, 197(2), 209, 227, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 374(2), 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549 and 549(1); Indian Penal Code (IPC) - Sections 120B, 302, 304A and 381; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 3 to 9; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4

Reported in : 2010CriLJ315

materially different from the scheme of Sections 125 and 126 of the Army Act.11. Section 3(3) of the Navy Act, 1957, defines the term 'Civil offence' and it means an offence triable by a court of ordinary criminal jurisdiction … the murder of two of his colleagues i.e. Omprakash Dubey - Midshipman and Hanumansingh Rathod - Seaman on 24/11/1985 at about 11.30 a.m. while on board INS Ranjit. He has been sentenced to suffer life imprisonment for

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

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 … (Pension) Regulations, 1964 as to why his pensionary benefits should not be forfeited. He sent a reply on 24.7.1991. The appellants informed him on 7.5.1992 that the action will be taken soon pursuant to the show-cause notice

K.C. Shibu Vs. Union of India, Represented by Secretary to the Governm ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : 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 … is well documented and is as follows: (a) INS Kirpan under the petitioner sailed out from Kochi on 24.11.2003 to carry out patrol in areas South East of Minicoy on 25.11.2003. After disembarking stores at Minicoy and

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 … completion of his aforesaid training he was advanced to Electrical Artificer (Power) V Class with effect from August 24, 1963. Since then he was promoted to various higher ranks and as a result of the said promotions

Commander Vinod Kumar Jha Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Right to Information

state. Accordingly, the petitioner was dismissed from service in exercise of its powers of Section 15 of the Navy Act, 1957 read with Regulation 216. An affidavit was also filed by the Chief of Naval Staff Admiral Arun Prakash … under clause (c) is subjective satisfaction, and, therefore, it would not be a fit matter for judicial review. 24. Similarly, in the case of A.K. Kaul and Anr. v. Union of India and Anr. [1995 (4) SCC

Union of India (Uoi) and ors. Vs. Shivendra Bikaram Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 325, 452 and 497; Navy Act, 1957 - Sections 77(2), 97, 101, 102, 162 and 163; Code of Criminal Procedure (CrPC) ; Army Act - Sections 130; Military Laws

Reported in : AIR2003SC2481; 2003(2)ALD(Cri)147; 2003CriLJ3028; JT2003(4)SC235; 2003(4)SCALE284; (2003)6SCC359; [2003]3SCR881; 2003(2)LC1066(SC)

the offences under sections 497, 452 and 325 of the Indian Penal Code read with Section 77(2)of the Navy Act, 1957 (hereinafter referredto as 'the Act') and the order of the Chiefof the Naval Staff dated 8th January, 2001passed … 77(2) of the Act and ordered the respondent to be kept in rigorous imprisonment for a term of 24 calendar months as a class-I prisoner; to be dismissed with disgrace from the Naval service and to suffer

Ajay Kumar Singh Vs. Flag officer Commanding and Ors.

Court : Supreme Court of India

Subject : Education

affirmed the conviction of the appellants under Sections 342 and 392 IPC read with Section 77(2) of the Navy Act, 1957 and modified the sentence of imprisonment to that of the period already undergone by them. Appellant Dhirendra Kumar … appellants AK Singh and UK Singh on 30.07.1998. Appellant DK Singh was arrested at Howrah Railway Station on 24.07.1998 and thereafter brought to Visakhapatnam on 28.07.1998. On 30.07.1998 all three persons were remanded to custody in central