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Ex Navy Direct Entry Artificers Association and Others Vs. the Union o ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : MRTP

Navy Act, as per his submission. He further brought out that vide Sections 19A and 19B of the Navy Act, 1957 provisions still exist for Indian Naval Reserve Force and hence practice of keeping Sailors in Fleet Reserve on … of 10 years followed by liability to remain 10 years in Fleet Reserve. He further submitted that under Section 14 of the Navy Act, Sailors shall be liable to serve the Indian Navy or the Indian Naval

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 … in India. Whereas, as per Section 3(13) 'naval offence' means any of the offences under Sections 34 - 76 of the said Act. Section 93(1) of the Navy Act states that an offence triable under that Act

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, … L.P.A. No. 327 of 1999 and C.W.P. No. 1368/98 [Reported in (1998) 76 DLT 722 as confirmed in L.P.A. No. 579/98, are set aside. There

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

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 … regard to the antecedent events, the participation of Respondent 4 in the Courts-Martial rendered the proceedings corm non-judice.” 76. In (1974) 3 SCC 459 S. Parthasarathi v. State of Andhra Pradesh, an issue was raised with regard

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

Court : Delhi

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

State Vs. Kawas Manekshaw Nanavati

Court : Mumbai

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 … clause (13) as meaning any of the offences under Ss. 34 to 76. The Act therefore draws a distinction between civil and naval offences. 'Civil … 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

Ex Navy Direct Entry Artificers Asso. Vs. The Union of India Ministry ...

Court : Supreme Court of India

Subject : Education

portions of the SRO are given below:“S.R.O.106:-- In exercise of the powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations further to amend the Navy Ceremonial, Conditions

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 … Captain after the incident, though he had had a discussion about the same with the Executive Officer (Questions 767, 768, 769, 770). It has therefore been contended by the petitioner that as Captain he had ascertained the

Union Of India Vs. Parashotam Dass

Court : Supreme Court of India

Subject : Land Acquisition

(o) “service matters”, in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the … order of a court or tribunal constituted by or under any law relating to the Armed Forces. Secondly, Section 31 of the said Act states that an appeal to this Court would only lie if “a point