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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 … would disclose the scheme of the Act and the procedure to be followed in a Court Martial proceedings.17. Section 93 provides that an offence triable under the Act may be tried and punished by court-martial. Section 97 provides

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 … 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 may be tried and punished by

Commopore C.P. George Vs. Chief of Naval Staff

Court : Delhi

Subject : Service

Acts : Navy Act, 1957 - Sections 81, 81(1), 82, 82(20), 93 and 94(2)

Reported in : 58(1995)DLT578

are of the view that the Chief of Naval Staff has such a power.(15) Section 81(l)(n) of the Navy Act, 1957 permits other minor punishments which were being imposed by 'custom' to be imposed. Section 82 deals with the … 81(1)(l) permits 'severe reprimand' also to be imposed in Court Martial or other similar proceedings, as a punishment. Section 93, in fact, says that these punishments are to be imposed by a Naval Court. However, Section 94(2) permits

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

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 … and they have been answered in paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77. To

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

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 … it is executed. This section occurs in part of Chapter VI which relates to processes to compel apperance section 93, however, makes the provisions of this section applicable to every warrant of arreset issued under the Code. Mr

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

NitIn Shankar Kadkol Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : CriminalFamily

Acts : Indian Penal Code (IPC) - Sections 304B and 498A; Navy Act, 1957 - Sections 77(2), 113 and 114

Reported in : I(2004)DMC695; 2004(2)MhLj767

thereby committed an offence under Section 498A of the Indian Penal Code read with Section 77(2) of the Navy Act, 1957 and (b) that on 29-1-1994 between 2000 Hrs. and 2300 Hrs. the petitioner caused death of Padma by … Act and the duties of the trial Judge advocate and the procedure which is followed during the court-martial.13. Section 93 of the said Act lays down power of the court-martial and commanding officers to try the offences. Section

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 … Chapter XI of the Navy Act comprising Sections 90 to 92 deal with Charge. Chapter XII comprising Sections 93 to 97 deal with power of Court-Martial, constitution of disciplinary courts etc. Chapter XII comprising Sections 98 to

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 … disclose the scheme of the Act and the procedure to be followed in a Court Martial proceedings. 17. Section 93 provides that an offence triable under the Act may be tried and punished by court-martial. Section 97 provides