Judgment Search Results Home > Cases Phrase: navy act 1957 section 156 removal of insane prisoners Court: andhra pradesh Page 1 of about 2 results (0.149 seconds)

Dhirendra Kumar Singh and Others Vs. State of A.P. and Others

Court : Andhra Pradesh

Reported in : 1999(4)ALD452; 1999(2)ALT(Cri)312; 1999CriLJ4421

..... the contention is that as in (he navy act, which is applicable to this case, there are no provisions regarding the release of under trial prisoners on bail, the above judgments of the supreme court holding that section 428 of cr.pc cannot be invoked in respect of persons convicted under court-martial do not govern the applicability of sections 437 and 439 of the cr.pc.17. ..... the petitioners arc accused of offences under sections 392 and 342 of 1pc and section 25(i-b)(a) and section 27 of the arms act, 1959 which is a civil offence within the definition of section 3(3) of the navy act inasmuch as these offences are triable by a court of ordinary criminal jurisdiction ..... the contention of the learned standing counsel for the central government is that the indian navy act is a law which provides for the enquiry, investigation and trial of offences in respect of employees and officers of the indian navy and as such sections 437 and 439 of cr.pc cannot be invoked to seek bail for the accused in this case.8 ..... the question for consideration is whether in view of the provisions of the navy act and provisions under sections 4 and 5 of the criminal procedure code, a petition for bail under sections 437 and 439 of the cr.pc on behalf of the accused-petitioners can be entertained?10 ..... thus, it cannot be said that under the provisions of the navy act including the regulations made under section 184 of the act, there is no provision regarding confinement of a person or release of person pending .....

Pradeep Kumar Singh Vs. the Union of India and 2 Others.

Court : Andhra Pradesh

..... 1998 and 05.00 hours on the thirtieth day of december 1998 guilty of an act to the prejudice of good order and naval discipline in that he unauthorisedly slept in quarter number ah-12 nausena baugh, visakhapatnam, the residence of om prakash pandey, electrical mechanician (power) 3rd class number 114172-h and thereby committee an offence punishable under section 74 of the navy act, 1957; 3 did between 23.00 hours on the twenty ninth day of december 1998 ..... that on that day, he was not supposed to desert his place of duty without prior permission, which is a serious offence under section 41(a) of the navy act, 1957; when the appellant was caught by mr. ..... is recorded on punishment warrant which was publicly read out to the appellant in the presence of all other sailors of the unit; as per provisions of the navy act, 1957 and regulations made thereunder, the commanding officer is empowered to impose punishment of imprisonment, dismissal from naval service and deprivation of good conduct badge; hence, the writ petition is liable to ..... without the consent of her husband om prakash pandey, electrical mechanician (power) 3rd class number 114172-h and thereby committed an offence of adultery punishable under section 497 of the indian penal code read in conjunction with section 77(2) of the navy act, 1957. ..... about 18.00 hours on the twenty ninth day of december 1998 desert his post namely volna tower sentry and thereby committed an offence punishable under section 41(a) of the navy act, 1957. .....

Qazi Syed Abdullah Mohammadi, S/O.Late Sri Syed ShareefuddIn Vs. State ...

Court : Andhra Pradesh

..... the learned single judge while accepting the contention of the learned counsel appearing for naib kazis that there is no express power conferred on the government under section 2 of the act with regard to the fees of naib kazis and that no rule in this regard was made, he upheld the action of the government by holding that the appointment includes all powers which in turn include the right ..... any kazi is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be ..... kazis - any kazi appointed under this act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed. ..... the state government may, if it thinks fit, suspend or remove any kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of ..... - although the district judge, exercising his powers as a kazi, has the jurisdiction on mere application to appoint a mutawalli when there is a vacancy, the removal of a mutawalli can only be effected by a suit properly instituted (x). ..... therefore, removal of a person from the post of naib kazi without previous approval of the state government was not .....

Azizunissa Begum and anr. Vs. BasheeruddIn Babu Khan and ors.

Court : Andhra Pradesh

Reported in : 2008(4)ALD292; 2008(4)ALT614

..... be enough for taking cognizance of a case, unless the averments and the allegations made in the concise statement and the application satisfy and attract the ingredients of land grabber and land grabbing as provided for in section 2(d) and (e) of the act and that the factum as well as the intention should be satisfied by the statement or the allegations. ..... . while pursuance of what proceeding enables the petitioners to take shelter under section 14 of the limitation act, 1963 for filing the land grabbing case is unintelligible, if the special court accused the petitioners to be unclean, such an accusation does not appear factually ..... the apex court was referring to the three specific situations stated in section 8 (6) about the binding nature of the judgment of the special court regarding the determination of title and ownership, or lawful possession of any land grabbed and the finding of the special court with regard to any act of land grabbing being conclusive proof and stated that all these three specific situations as envisaged by and under the statute would be triable by the ..... the petitioners can approach a competent civil court in respect of any grievance regarding accounting and section 14 of the limitation act has no application when no proceedings were prosecuted by the petitioners. ..... the said orders are non-est as the entire estate comprises non-agricultural land as contemplated by section 9 of the inams abolition act, 1955, in the light of the judgments in w.p. no. .....

Ganduri Eswaraiah and ors. Vs. Deputy Commercial Tax Officer and ors.

Court : Andhra Pradesh

Reported in : [2002]125STC406(AP)

..... andhra pradesh exercising powers under sub-section (2) of section 14-c of the andhra pradesh general sales tax act, 1957 to the extent of its application retrospectively is without authority and ultra vires the powers of the state government under the andhra pradesh general sales tax act, 1957.12. ..... 780 dated september 12, 1997 and section 14-c(2) of the andhra pradesh general sales tax act, 1957 as arbitrary, illegal and violative of articles 14 and 19(1)(g) of the constitution of india and beyond the power of the legislature and ..... exercising powers under section 14-c(2) of the andhra pradesh general sales tax act, 1957, as amended by the third amendment, 1995, notified that dealers dealing with napa slabs are not entitled to reap the benefits as provided under section 14-c of the act. ..... according to the learned counsel for the petitioners though the dealers in napa slabs were obligated to pay tax at 16 per cent prior to the amendment inserting section 14-c to the act, which came into force with effect from april 1, 1995, dealers who are doing business in napa slabs are given the option either to pay tax at the rate ..... the government of andhra pradesh under subordinate legislation withdrawing the benefits retrospectively granted to the dealers in napa slabs through insertion of section 14-c to the andhra pradesh general sales tax act and as per third amendment act (22 of 1995) which came into force from april 1, 1995, could be held as permissible legislation as contended on behalf .....

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

Court : Andhra Pradesh

Reported in : 2000(1)ALD689

..... reversed the judgment of the high court and held that the defence personnel serving in the army, navy or air force when 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 railway administration for punitive charges for overloading, where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3) ornotified under sub-section (4) of section 72 of the act, the railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such ..... in the present case, it can be seen from the facts and circumstances of the case that the railway administration has got power under section 78 of the act to re-measure, re-weigh or re-classify any consignment, to recalculate the freight and other charges and to correct any other error or collect any amount that may have been omitted to be ..... in reply to the above contention of the learned counsel for the petitioners, the learned standing counsel for the railways submitted that under section 13(lxb) of the railway claims tribunal act, 1987, the claims tribunal is empowered to exercise jurisdiction in respect of the claims for refund of fares or part thereof, for refund of any freight paid in respect of animals or goods entrusted to a .....

Kedia Overseas Ltd. Vs. Commissioner of Customs and anr.

Court : Andhra Pradesh

Reported in : 2005(6)ALD873

..... the writ petition, that the petitioner had first filed three warehouse bills of entry for import of 4978.714 mt of edible grade crude palmolein and had executed provisional duty bonds under section 18 of the customs act undertaking to pay the differential duty between the finally assessed and provisionally assessed duty and also to pay fine and penalty, if any, for contravention of the conditions. ..... the appeal shall be heard on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the ..... transform a fake licence as genuine, that any counterfeit document showing that it contains a purported order of a statutory authority would ever remain counterfeit albeit the fact that other persons, including some statutory authorities, have acted on the document unwittingly on the assumption that it was genuine, the proposition that renewal of a forged document would bring with it validity, if allowed to stand as a legal principle, would thrill counterfeiters ..... under sub-section (3) the bond executed under section 59, by an importer, in respect of any goods shall continue in force notwithstanding the transfer of the goods to any other person or the removal of the .....

Banda Sattaiah S/O Late Banda Mallaiah and ors. Vs. the Secretary to G ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT492

..... from this, it becomes clear that petitioners purchased petition schedule land after coming into force of ulc act and as per section 5(2) of ulc act, any sale of urban vacant land, after 14.2.1975 (in state of andhra pradesh), is null and void. ..... it is also admitted that they got regularized under section 5a of ror act vide proceedings dated 27.2.1991 issued by mro, rajendranagar mandal. ..... per contra, learned assistant government pleader for revenue (ulc), submits that by the time petitioners' vendors obtained regularization of sale under section 5a of ror act, proceedings under ulc act attained finality, and therefore, g.o. ms. no. ..... he approached mandal revenue officer (mro), rajendranagar mandal, under section 5a of andhra pradesh rights in land and pattadar pass books act, 1971 (ror act) for regularization of sale. ..... nawab chandra reddy from whom mallaiah allegedly purchased petition schedule land filed a declaration under section 6(1) of ulc act, claiming it as ancestral property of declarant. ..... 733, dated 31.10.1988, as illegal, arbitrary and violative of article 14 of constitution of india besides being violative of provisions of urban land ceiling (ceiling and regulation) act, 1976 (ulc act), and for a consequential direction to respondents to treat land in survey no. ..... the claim was rejected and third respondent issued final orders/statement under section 8(4) of ulc act in proceedings no. ..... 145/1 and 156/1 of mailardevarpally village. ..... 156/1 (acs.3.00) for over forty years. .....

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

Court : Andhra Pradesh

Reported in : [2002]126STC523(AP)

..... the relevant provisions of section 27-a, as extracted reads :-'nothing contained in section 3 and other provisions of this act shall apply to- (a) the members of the armed forces of the union, that is to say, to whom the provisions of the army act, 1950, the air force act, 1950, or the navy act, 1957 apply serving in any ..... the members of the armed forces of the union, that is to say to whom the provisions of the army act, 1950, air force act and the navy act, 1957 apply serving in any part of the state are exempted from the application of section 3, which is a charging section. ..... coming to the regulations relied upon by the 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 limits of the municipality or a cantonment, is exempted from the taxes of the following kinds:- (i) municipal or cantonment taxes on salaries; (ii) municipal or cantonment taxes on profession, trades, callings, offices ..... therefore it is clear that every employee within the state is liable to pay tax that is contemplated under the act.though the learned counsel referred to and relied upon the provisions of sections 32 and 35, section 32 provides that the local authorities should not levy the profession tax and section 35 provides for the grant to the local authorities for loss of revenue on account of loss of revenue, as they are .....

P.C. Kakar Vs. Commandant, Military Hospital, Trimalgiri and ors.

Court : Andhra Pradesh

Reported in : 1994(1)ALT1; 1994CriLJ1025

..... , relies upon clause (a) of regulation 446 which says that any person subject to the army act, navy act or air force act 'showing symptoms of psycois will at once be admitted to hospital and placed under observation and ..... when the authority to whom the finding of the court-martial is reported and a confirming officer confirmed the finding, sub-section (4) mandates that the accused person shall be kept in custody in the prescribed manner and a report shall be submitted ..... sri innayya reddy for the explanation of the authorities as to why captain latha sharma was treated so curelly and branded as an insane person, sri reddy came out with the suggestion, when the argument were about to be closed, that she may be released. ..... herself from the place of her duty and, therefore, she committed an offence under section 39(a) of the army act and she got herself admitted in the hospital without obtaining leave. 7. in w.p. no ..... treatment meted out to her by the army authorities, her undergoing treatment in the gandhi hospital, secunderabad and subsequent forcible removal to pune against her wish and without the knowledge of her husband. ..... guaranteed fundamental rights incorporated in part iii of the constitution could be abrogated or restricted in their application to members of the armed forces because of the provisions of the army act or the regulations made thereunder can never be a justifiable ground for the non-compliance of the provisions of s. ..... are more those of a prison than a hospital record. .....