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

Court : Kerala

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

P.P. Prasad Vs. Lt. Commander and ors.

Court : Kolkata

Subject : Criminal

Acts : Indian Navy Act, 1957 - Section 78; ;Army Act, 1950; ;Air Force Act, 1950; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 190, 200 to 204, 323, 342, 397, 401, 448, 475 and 482; ;Constitution of India - Article 227

Reported in : 1999CriLJ243

in terms of Section 475 of the Code of Criminal Procedure read with Section 78 of the Indian Navy Act, 1957 before the learned Chief Judicial Magistrate First Class (II) at Port Blair, which was, however, rejected by the

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

commit any offence are deait with by 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 … recover the cost of such unloading and any charge for the detention of any wagon on this account.11. Section 78 of the Act empowers the Railway administration to measure and weight. It contemplates that notwithstanding anything contained in

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 … was in a different form than the same has been raised before us. It was submitted that under Section 78(1) of the Navy Act, the accused was required to be tried by the Court Martial and the Sessions

Onkar Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : Navy Act, 1957 - Sections 11 and 184; Navy (Ceremonial Conditions of Service and Miscellaneous Provision) Regulations, 1963 - Regulations 268(1) and 269; Navy Service Pension and Gratuity Pension Regulations (Navy), 1964 - Regulations 78 and 79

Reported in : 2002(2)BomCR247

Miscellaneous Provision) Regulations, 1963, hereinafter referred to as the 'Regulations' which were framed under section 184 of the Navy Act, 1957, hereinafter referred to as the Act. Section 11 relates to the enrolment of sailor. Section 11(2) of the … and (3)(a) and (b). 6. The period of service necessary to qualify for pension is contained in Regulation 78 of the Pension Regulations. Regulation 78 says 'Minimum Qualifying Service for Pension: Unless otherwise provided, the minimum service

Gurumukh Singh and ors. Vs. Union of India (Uoi),

Court : Mumbai

Subject : Service

Acts : Navy Act, 1957 - Sections 14; Navy (Pension) Regulations, 1964 - Regulations 78, 82, 85, 95, 278, 279 and 280; Constitution of India - Article 14

Reported in : 2007(2)ALLMR95; 2007(1)BomCR893

to be enlisted initially as a sailor for a period of 10 years. Under the provisions of the Navy Act, 1957, Section 14, Officers and Sailors shall be liable to serve in the Indian Navy or the Indian Naval Reserved … the Indian Navy as Sailors. They have been discharged from service on compassionate grounds. In terms of Regulation 78 of the Navy (Pension) Regulations, 1964, hereinafter referred to as 'the Pension Regulations', unless otherwise provided the minimum

Commodore Narinder M. Pandit S/O Late Munshi Ram Arjundas Pandit Vs. t ...

Court : Mumbai

Subject : Criminal

Reported in : 2004(4)BomCR814; (2004)106BOMLR98

Court Martial. The charge-sheet was issued against the petitioner alleging that the petitioner has committed various offences under Navy Act, 1957 (hereinafter referred to as 'the said Navy Act') as well as certain offences punishable under the Prevention of … of the petitioners were overruled and the Court Martial proceeded further. The petitioner was arraigned in terms of Section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.4. The contentions raised … to three years or such other punishment as is hereinafter mentioned. Section 78(1) provides that every person subject to naval law to be charged with

Mr. Sarabjit Singh Sahi Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Navy Act, 1957 - Sections 16; Navy Service Pension and Gratuity Pension Regulations, 1964 - Regulations 78, 217 and 218; Contact Act - Sections 19

Reported in : 2002(62)DRJ800

the judgment in R.P. Yadav's case (supra).3. It may briefly be recounted that under Section 16 of the Navy Act 1957 a Sailor is entitled to be discharged on the expiration of the term of service for which he … inclusive of the four years of apprenticeship, that is, 12.1.1999. The minimum qualifying service for pension under Regulation 78 of the Service Pension and Gratuity Pension Regulations (Navy), 1964, is fifteen years. Ms. Jyoti Singh has proffered

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

Court : Supreme Court of India

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 … Regulation 69(2) deals with Service Pension and Gratuity of the Sailors, Regulation 78 lays down, 'Unless otherwise provided, the minimum service which qualifies for service … 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

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

(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 … which may extend to three years or such other specified punishment. Needless to mention that sub-section (1) of section 78 has no application to the present case because, none of the offences in question are punishable with death