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Sep 02 1992

Mangal Singh Bhatti Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Sep-02-1992

Subject : Criminal

Acts : Navy Act, 1957 - Sections 78, 78(1) and 78(2); Navy Regulations - Regulations 28, 30, 149 and 151; Army Act, 1950; Air Force Act, 1950; Criminal Courts and Court Martial (Adjustment of jurisdiction) Rules, 1978 - Rules 2, 3, 4, 5, 6, 8 and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : 1993CriLJ3070

seeking transfer of the case of the detenu to the Commanding Officer, INS Venduruthy, for trial under the Navy Act, 1957, and in accordance with the provisions of Section 78 of the Navy Act, 475 of the Cr.P.C. and … placed on the procedure in Section 475, Cr.P.C., Section 78 of the Navy Act, and Rules 3,4 and 5 of the Rules. The learned single Judge dismissed the Writ Petition, and it is against the said judgment

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Jul 05 2001

M.E.S. Employees Union, A.P. Area, Secunderabad Vs. Govt. of A.P. and ...

Court : Andhra Pradesh

Decided on : Jul-05-2001

Subject : Other Taxes

Acts : Andhra Pradesh Tax on Professions, Trades, Callings and Employees Act, 1987 - Sections 2, 3, 4, 5, 6(2), 27-A, 31, 32 and 35; Financial Regulations - Regulation 288-A; Army Act, 1950; Constitution of India - Article 276; Navy Act, 1957; Air Force Act, 1950

Reported in : [2002]126STC523(AP)

learned Counsel, Regulation 288-A reads :--'A person subject to the Army Act, 1950 (Act XLVI of 1950) the Navy Act, 1957/the Air Force Act, 1950, who is compelled by the exigencies of Army/ Navy/Air Force duty to reside within … the tax was collected for the benefit of the local authorities. The learned Counsel also contended that under Section 5 of the Act it is the employer's liability to deduct and pay tax on behalf of the employees.

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May 07 2009

Kanwardeepsingh Harbansingh Bedi Vs. the State of Maharashtra

Court : Mumbai

Decided on : May-07-2009

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 case of Loraiya (Supra), the trial before the Special Judge under Section 120-B of IPC read with Section 5(1) and 5(2) of the Prevention of Corruption Act was quashed by the High Court on two grounds and

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Apr 18 1984

Vishnu Dayal Jhunjhunwala and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-18-1984

Subject : Commercial

Reported in : AIR1984SC1346; [1985]57CompCas493(SC); (1984)3CompLJ163(SC); 1984LabIC905; 1984(1)SCALE699; 1984Supp(1)SCC118; [1984]3SCR530; 1984(16)LC1047(SC)

the employment of persons subject to the Army Act, 1950 or the Air Force Act, 1950, or the Navy Act, 1957- (a) in any public utility service as defined in Section 2 of the Industrial Disputes Act. 1947, or(b) … support of the submissions made, Mr. Desai has referred to the decision of this Court in R.C Cooper v. Union of India : [1970]3SCR530 and also to the decision of the Delhi High Court in the case

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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

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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 … single nodal department, preferably the Legal Department.100. Since we have analysed the issue of the constitutional validity of Section 5(6) of the Act at length, we may now pronounce our opinion on this aspect. Though the vires of

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Mar 30 1960

State Vs. Kawas Manekshaw Nanavati

Court : Mumbai

Decided on : Mar-30-1960

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 75(2), 93 and 307; Constitution of India - Articles 72, 161 and 361; Navy Act, 1957 - Sections 3(12), 53(16), 81(1), 82(10), 89(3), 122, 123, and 146; Supreme Court Rules - Order 21, Rule 5

Reported in : (1960)62BOMLR383; 1960CriLJ1558

was willing and ready to take the accused in naval custody as defined in S. 3(12) of the Navy Act, 1957, and that the accused would be detained under the orders of the Naval Provost Marshall in exercise of … Chainani, C.J.(1) In Criminal Reference No. 159 of 1959, which was made to this Court under Section 307 Cr. P. C. by the Sessions Judge, Greater Bombay, a Division Bench of this Court, consisting of … is preferred before it and not until then and that under Section 561A the High Court has no power to interfere with the invesigation of

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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 … Act'). He was tried by a General Court Martial which found him guilty of charges No. 2, 3, 5, 6, 8, 9, 10, 13, 15 and 17 and sentenced the petitioner to undergo simple imprisonment for one

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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 … proceedings conducted from 1.11.1990 to 15.3.1991 whereby the petitioner was held guilty for the offences under Sections 60(a), 54(2), 77(2), 41(2), 48(a) and 74 of the Navy Act and sentenced to undergo rigorous imprisonment for twenty four

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Oct 17 1997

Ex-surgeon Commander Bhaskar Roy Vs. Union of India and ors.

Court : Mumbai

Decided on : Oct-17-1997

Subject : Labour and Industrial

Acts : Navy Act - Sections 81(1)(b) and 82(4); Indian Penal Code (IPC), 1860 - Sections 354

Reported in : 1998(1)MhLj220

was found guilty under section 354, Indian Penal Code and under Sections 68, 77(2) and 74 of the Navy Act, 1957 and sentenced to undergo R.I. for 24 calendar months. He was also dismissed with disgrace from the Naval … he threatened to lower the medical category or Captain JS Bedi (01002 A), Commanding Officer, INS Viraat to 53A3 if the Commanding Officer would report the misconduct committed by him towards Miss Nupura Acharekar in the ante-room

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