Judgment Search Results Home > Cases Phrase: navy act 1957 section 55 d disobedience of lawful command of captain of an aircraft Page 1 of about 3 results (0.035 seconds)

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... 8 petitioner has been charged that at about 0805 hs on 08.11.2009, he wilfully disobey the lawful command of captain pg pynumootil (02973-f), oic, nas kunjali, his superior officer, when ordered that his leave stood cancelled, and thereby committed an offence punishable under section 47(a) of the navy act, 1957. ..... did at about 0805h on 08 nov 08 wilfully disobey the lawful command of captain pg pynumootil (02973-f), oic, nas kunjali, his superior officer, when ordered that his leave stood cancelled, and thereby committed an offence punishable under section 47(a) of the navy act, 1957. 9. ..... did at about 0850h on 07 nov 08 wilfully disobey the lawful command of captain pg pynumootil (02973-f), oic, nas kunjali, his superior officer, when ordered to sign the office copy of the show cause notice issued to him, and thereby committed an offence punishable under section 47(a) of the navy act, 1957. 6. ..... section 47(a) of the navy act, 1957 talks about wilfully disobeys any lawful command of his superior officer and section 51 of the navy act, 1957 talks about breaking out of ship and absence without leave. ..... did at about 0920h on 07 nov 08 use insubordinate and threatening language to cdr sk sridhar (03301-a), flight commander, 321 flight, his superior officer, in his office and thereby committed an offence punishable under section 47(c) of the navy act, 1957. 8. .....

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

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... another legal issue raised in this application/appeal, even though not put forward in the arguments of the appellant, is that the court martial convened is not in conformity with the section 97 of the navy act 1957 and as per section 97(11) of the navy act, at least two of the members in the court martial shall be drawn from two different ships, but in this case all the members have been draw n from same ship ..... section 97(11) of the navy act 1957 reads as follow:- a court martial shall not be deemed to be duly constituted unless the members thereof are drawn from at least two ships not being tenders, and commanded by officers of ..... the accused/appellant herein umesh kumar singh, radio operator (special), first class, number 179159-f, belonging to indian naval ship circars additional headquarters wireless experimental unit, being a person subject to naval law, is charged as under:-1)did at about 19.20 hours on the 4th day of june, 1998 armed with a country made pistol committed robbery of cash amounting to rs.2,54,371/- (rupees two lakhs ..... so, the contention of the applicant/appellant that the constitution of the court martial is not in accordance with the provisions of law is not sustainable.37(d) further, it is also pertinent to note that soon after the occurrence on 04.06.1998, the accused had deposited a sum of rs.81,600/- in central bank of india, azamgarh branch, ..... the said provision of law does not mention that excluding the president the ..... of justice in criminal law are ignored. .....

Avtar Singh Vs. Union of India and ors

Court : Delhi

..... commanding officer, indian naval ship magar, dishonestly misappropriate certain movable property to wit a sum of rs.20,000.00 (rupees twenty thousand only) from saving bank account no.c3081 held in the name of commanding officer, indian naval ship magar for payment of air force naval housing board, new delhi towards a flat booked by him for his personal use, thereby committed an offence punishable under section 403 of indian penal code read in conjunction with section 77(2) of the navy act 1957 ..... 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 imprisonment to the period of ..... bias in favour of one of the parties, it would be very wrong in him to act; and we are not to be understood to say, that where there is a real bias of this sort this court would not interfere; but in the present case there is no ground for doubting that the justices acted perfectly bona fide; and the only question is, whether in strict law, under such circumstances, the certificate of such justices is void, as it would be if ..... had been made whereas in the circumstantial letter, reference was made to diversion of funds for the purposes of the ships ward room and captain s cabin in lieu of various repair work.30. mr. ..... one no.captain s chair, revolving/tilting chair fully ..... ship refit, it had been proposed to purchase an admiral s deck chair and a tilting chair for the captain. .....

Ajay Kumar Singh Vs. Flag officer Commanding and Ors.

Court : Supreme Court of India

..... no.11 of 2011 dated 05.01.2012 and order dated 17.02.2012 passed in review petition no.2 of 2012 in and by which the tribunal affirmed the conviction of the appellants under sections 342 and 392 ipc read with section 77(2) of the navy act, 1957 and modified the sentence of imprisonment to that of the period already undergone by them. ..... the appellants preferred statutory appeals before the chief of the naval staff in accordance with section 162 of navy act 1957. ..... per contra, learned counsel for the respondents submitted that the case of the appellants have been extensively dealt with by the tribunal and all the questions of law and fact have been considered at length and the tribunal has passed a reasoned order wherein all the issues raised by the parties have been considered and the impugned order warrants no interference. ..... the commissioner of police, visakhapatnam vide letter dated 28.10.1998 advised the flag officer, commanding-in-chief, eastern naval command, visakhapatnam to try the accused persons by court martial. ..... read with criminal courts and court martial (adjustment of jurisdiction) rules, 1978 and the matter was investigated afresh by the commanding officer, ins circars. ..... 471-472 of2013umesh kumar singh appellant versus the flag officer commanding-in-chief & ors. ..... reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.325 of2012ajay kumar singh ...appellant versus the flag officer commanding-in-chief & ors. .....

Commander V.S. Batra Vs. Chief of the Naval Staff, Naval Headquarters( ...

Court : Delhi

Reported in : 1998VAD(Delhi)91; 74(1998)DLT810; 1998(47)DRJ130

..... while dealing with the objection it would not be out of place to mention that under section 114 of the navy act, 1957 the trial judge advocate has been charged with the duties to decide all questions of law arising in the course of the trial. ..... did enter into a conspiracy with captain kk singh (60203 z), controller of procurement, captain arb d'souza (0236775 y), controller of material planning, lieutenant commander john e mathews (02628 y), deputy controller of material planning (russian stores) and lieutenant commander j ajit kumar (02716 y), assistant controller of procurement (russian stores), all then belonging to material organisation, visakhapatnam, to cheat the material organisation, visakhapatnam of the indian navy, government of india by entering into fraudulent transactions as listed in annexure 2 to this charge-sheet, between the ..... did enter into a conspiracy with captain kk singh (60203 z), controller of procurement, captain arb d'souza (0236775 y), controller of material planning, lieutenant commander john e mathews (02628 y), deputy controller of material planning (russian stores) and lieutenant commander j ajit kumar (02716 y), assistant controller of procurement (russian stores), all then belonging to material organisation, visakhapatnam, to cheat the material organisation, visakhapatnam of the indian navy, government of india by entering into fraudulent transactions as listed in annexure 1 to this charge-sheet, between the .....

Shri Shantilal Nagarwal, Ex. Mcelar Second Class Vs. Union of India (U ...

Court : Mumbai

Reported in : (2008)110BOMLR3069

..... petitioner sought judicial review by the commander in chief under section 160 of the navy act, who reduced the sentence as indicated ..... court martial under the navy act is prescribed in chapter xiii in sections 98 to section 146 of the act and is a complete ..... course of a trial it appears desirable to the trial judge advocate that arguments and evidence as to the admissibility of evidence or arguments in support of an application for separate trials or on any other points of law should not be heard in the presence of the court, he may advise the president of the court accordingly and the president shall thereupon make an order for the court to retire or direct the trial judge advocate ..... under section 45(c) of the navy act.5 ..... section 45(c) of the navy act ..... duties of a judge-advocate are as follows:(1) the prosecutor and the accused, respectively, are, at all times after the judge-advocate is named to act on the court, entitled to his opinion on any question of law relative to the charge or trial, whether he is in or out of court, subject, when he is in court, to the permission of ..... he also took us through all the relevant provisions of the navy act and a number of judicial pronouncements in support of his contentions, namely, that -(1) there was no legal evidence to hold the petitioner guilty;(2) the orders were vitiated since no reasons for holding ..... for the aircraft and thereby committing offence punishable under section 41(c) of the navy act.2. ..... spare part of a naval aircraft was placed. .....

M.K. Mishra Vs. Union of India, Represented by the Secretary and Anoth ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... we are, therefore, of the view that the finding of the court martial that the charge under section 354 of the indian penal code read with section 77(2) of the navy act, 1957 was proved beyond all reasonable doubts against the applicant, was perfectly correct and requires no interference. 36. ..... be said to be justified to withhold the applicant's service pension even after imposition of the sentence of dismissal from service because the sentence of dismissal from the naval service with disgrace has no doubt serious consequences as provided in section 82(6) of the navy act, 1957, but such consequences were not attracted in any way in the matter of the sentence of dismissal without disgrace. ..... 169764-b filed this original application (appeal) challenging the verdict of the court martial, whereby he was found guilty of the charge under section 354 of the indian penal code read with section 77(2) of the navy act, 1957 and was accordingly dismissed from the service. 2. ..... on 29th may, 2008 the applicant was brought before the commanding officer, indian naval ship venduruthy for summary trial. ..... the matter was, however, tried later on as per the law and after the final decision, the matter was brought again before the apex court in appeal as kanwar pal s. ..... the same day, while the father of the victim was in his office, the officer-in-charge of comnetcen (k), captain (time scale) kamal singh dadhwal, no. .....

Shivendra Bikaram Singh (Ex. Lt.) Vs. Union of India(Uoi), Through the ...

Court : Mumbai

Reported in : 2002(1)BomCR695

..... baijal, the lawful wife of commander dilip baijal (01943-r) whom he knew to be the wife of commander dilip baijal (01943-r) without the consent or connivance of the said commander dilip baijal (01943-r) and thereby committed an offence punishable, under section 497 of the indian penal code, 1860 read with section 77(2) of the navy act, 1957. ..... contention that the court had to be constituted by the peers of the petitioner, namely the lieutenant and not by commanders especially when the president was acting captain ..... from the material on record that the president of court martial was captain rajiv girotra; whereas other four members were commanders in rank ..... is unnecessary to go into the other questions, for the petitioner should succeed on the sole ground of non-compliance of mandatory procedure established by law while considering the objection regarding incompetency of captain rajiv girotra (president) and cdr ..... submitted that admittedly in so far as objection as against captain rajiv girotra and another member cdr ..... the present case, reference with regard to the objection to the aforesaid two officers (captain rajiv girotra (president) and cdr ..... circumstances, the constitution of the court martial, in the present case, itself becomes susceptible to serious challenge on account of competency of captain rajiv girotra (president) and cdr ..... of the interpretation given by us in the foregoing paragraphs, summary rejection of the objection with regard to captain rajiv girotra (president) and cdr .....

Vikrampal Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... sections 160 and 161 of the navy act, the judge advocate general is merely a statutory authority for a definite purpose and to exercise, no doubt, powers in a quasi-judicial manner but its powers are strictly circumscribed by the very statutory provisions which conferred upon it and the same could be exercised in the manner provided there under and subject to such conditions and limitations stipulated by the very provision of the law under which the competent authority itself ..... the learned additional solicitor general on behalf of the respondents have urged that if sections 160 and 161 of the navy act and section 15 of the act are read together, the position would become clear that the jurisdiction of the tribunal under section 15 is confined to the aspects exercisable by the high court under article 226. ..... it is now contended that in view of the special provisions contained in the navy act, 1957, except for an error of jurisdiction or an order which per se would be perverse, this tribunal cannot interfere with the finding or orders passed by the court martial or the appropriate authority under the navy act. .....

Ex. Commodore Narinder M. Pandit Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT74; 2008(100)DRJ735; 2008(3)SLJ363(Delhi)

..... court martial reads as follows:the court having found the accused guilty of offences charged under section 13(2) of prevention of corruption act, 1988, r/w section 77(2) of navy act, 1957, under section 60(d) of navy act, 1957, under section 54(2) of navy act, 1957, adjudges the said commodore nm pandit (60219-k), indian navy, of indian naval ship angre, to undergo rigorous imprisonment of 18 (eighteen) calendar months, to be dismissed from naval service, to forfeit 36 (thirty six) calendar months seniority in the rank of substantive captain, and to pay a fine of rupees three lakhs and to suffer consequential penalties involved3. ..... , naval headquarters, thereafter transferred to indian naval ship angre additional for duties as material superintendent, material organisation, mumbai, and presently attached in terms of navy instruction 95/69 as indian naval ship angre additional for duties as officer on special duty to admiral superintendent naval dockyard, mumbai, being a person subject to naval law, is charged for that he:(1) did on 18th jul 2002 knowingly make a fraudulent statement in a document, namely temporary duty claim cg/3224/nm dated 18th jul ..... the following chargesheet was issued to the petitioner:enclosure 1(refers to commanding officerindian naval ship angre's lettercm/203/602 19k/1 dated 09 oct 03)charge sheet1. ..... annexure p-17 to the petition is a letter dated 29th december, 2006 authored by the commander, joint director, pay and pension (p and p). .....