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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 the

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 … the first place, the Members of the Committee were not appointed in conformity with the provisions contained in section 97 of the Act. It is next submitted that in any case, three of the Members of the Court

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 … before the High Court that the members of the Court Martial had not been appointed in conformity with Section 97 of the Act. Three of the members of the Court Martial were incompetent to act as impartial judges

Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

when commit any offence are dealt with 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 … Pratap Singh and the case of the petitioner was covered under Section 105 of the Evidence Act and Section 97 of the Ranbir Penal Code equivalent to Section 97 of the Indian Penal Code.14. We have given out

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 … 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 express our

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Education

officer foisted by the Convening Authority himself. He also raised objection to the constitution of Court Martial under Section 97 (18) (19) of the Navy Act 1957 wherein the members were to be summoned by the President of … convened then it cannot be dissolved except on the conditions which are mentioned in Section 123 of the Navy Act, 1957. Section 123 of the Navy Act, 1957 reads as under; “123. Provisions relating to dissolution of courts-martial – (1)

Lt. Col. Sudhir Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Navy Act, 1957 - Sections 80, 163(1) and 165

Reported in : 82(1999)DLT183

under Section 7 of the Prevention of Corruption Act, 1988 read in conjunction with Section 77(2) of the Navy Act, 1957. (2) Did at about 1900 hours on the Eleventh day of October, 1996, was guilty of conduct unbecoming … of natural justice. He even challenged the constitution of the GCM as illegal and in violation of Section 97(10)(a) of the Navy Act. His petition for judicial review was considered by Judge Advocate General (Navy) (hereinafter referred

Umesh Kumar Singh Vs. the Flag Officer Commanding-in-chief, Eastern Na ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : MRTP

by the 2nd respondent are also contrary to fundamental rights. In gross violation of the provisions contained under section 97(11) of the Navy Act 1957, the Court Martial had been convened. All the members of the Court Martial … 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

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,

Ex Cdre. Narinder Pandit Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Right to Information

and messing was provided at the outstation, and thereby committed an offence punishable under Section 60(d) of the Navy Act, 1957. (2) Did on 19th Aug 2002 knowingly make a fraudulent statement in a document, namely Temporary Duty Claim … as member of the court martial on the ground of sickness or urgent public duty in accordance with Section 97(20) of the Act and, therefore, there was no violation of any of the provisions of the Act or