Judgment Search Results Home > Cases Phrase: navy act 1957 section 92 joinder of accused person Page 1 of about 163 results (0.039 seconds)

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... section 48 (c) of the navy act, 1957 clearly says that every person subject to naval law who behaves in a disorderly manner shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter ..... therefore, respondents recalled the convening of the court martial and issued a fresh convening order of court martial on 06.03.2009 which was informed to the petitioner vide notice of trial to the accused dated 13.03.2009 regarding reconvening of a court martial whereby he was called for trial to be held on shore at naval baracks, mumbai at 1000 hrs on tuesday, the 17th day of mar 09. ..... to dissolution of courts-martial (1) a court-martial assembled under this act shall be dissolved- (a) when the number of members comprising the court is after the commencement of a trial reduced below four; (b) by the prolonged illness of the president, trial judge advocate or the accused; (c) by the death of the president or the trial judge advocate; (d) on the making of a report under sub-section (2) of section 143. ..... however sub section (2) says that whenever a court martial is dissolved by virtue of sub-section (1) the accused may be retried ..... number of members comprising of court is after the commencement of a trial reduces to below four or that by the prolonged illness of the president, trial judge advocate or the accused, by the death of the president or the trial judge advocate or on the making of a report under sub section (2) of section 143 i.e. .....

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

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... material to prove the same.37(c) 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 ins circars. ..... p.w.10 shri cdc patnaik, manager, indian bank canteen service, visakhapatnam, also identifies dk singh (accused in t.a.no.140 of 2010) as the person who had come to purchase a refrigeratior under ipp scheme on 20th july 1998.17. ..... the third person entered later and the three accused threatened the manager and the cashier of andhra bank extension counter, ins virbahu, at gun point and got the iron safe opened and put the money in their bag and locked up the bank ..... 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 fifty four thousand three .....

Avtar Singh Vs. Union of India and ors

Court : Delhi

..... 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. 91. ..... where an accused person is believed to have committed an offence of being absent without leave in addition to some other offences, a charge of absence without leave shall also be included in the charge sheet in order that the court may have the power to sentence the accused to mulcts ..... attention to regulation 155 which sets out the requirement of the list of charges on which the accused person is proposed to be tried. ..... (10) when the nature of the case is such that the particular mentioned in the foregoing sub-regulation do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that ..... such particulars as to time and place of the alleged offence and of the person, if any against whom or the thing, if any, in respect of which it was committee, as are reasonably sufficient to give the accused notice of the matter with which he is charged. ..... shall not refer in any way to the previous character, conduct or conviction of the accused, or contain any reference to facts prejudicial to him than such as bear directly .....

Ajay Kumar Singh Vs. Flag officer Commanding and Ors.

Court : Supreme Court of India

..... 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 investigation; but they were unable to make headway into identity of the accused persons despite recovery of the scooter and other articles on 23.07.1998. ..... statement of the accused persons, certain recoveries ..... letter dated 28.10.1998 advised the flag officer, commanding-in-chief, eastern naval command, visakhapatnam to try the accused persons by court martial. ..... on 26.06.1999 under sections 392 and 342 ipc read with section 77 (2) of the naval act and section 25(1-a) of the arms act read with section 77(2) of the navy act:-(i) for committing a robbery of rs.2,54,371/- at the andhra bank extension counter at ins virbahu; (ii) for wrongful confinement of the bank manager and cashier; (iii) for possession of country made pistol and three rounds of ammunition whilst committing the offence; and (iv) that accused had remained absent ..... it was submitted that the photographs of the appellants were taken and were shown to the pw-14 (manager) and pw-18 (cashier) to enable them to identify the appellants-accused without which, it would not have been possible for pw-14 and pw-18 to identify them since even according to the prosecution version when they entered the bank in order to conceal .....

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

..... the accused cdr vs batra has been charged on two counts under section 34 of indian penal code and read in conjunction with section 77(2) of the navy act, 1957 for entering into conspiracy to cheat materials organisation, visakhapatnam between 19 sep 94 to 17 jan ..... section 79 of the navy act, 1957 reads as under:-'jurisdiction as to time no person unless he is an offender who has avoided apprehension or fled from justice or committed the offence of desertion or fraudulent entry or the offence of mutiny shall be tried or punished in pursuance of this act for any offence committed by him unless such trial commences within three years from the commission of such offence: provided that in the computation of the said period of three years any time during ..... charge-sheet issued against the petitioner reads as under:-'the accused commander batra vivek sheel (60290 y) indian navy of indian naval ship india additional for navy headquarters/directorate of clothing and victualling, then belonging to indian naval ship circars additional for material organisation, visakhapatnam as controller of material planning and presently attached to indian naval ship circars in terms of navy instruction 98/69, being a person subject to naval law, is charged for that he:- ..... section 79 of the navy act, 1957 lays down that a person can be tried and punished in pursuance of navy act for any offence committed by him provided that the trial commences within a period of 3 years from the date of commission of .....

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. ..... -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. ..... (1a) a person who is removed from service under section 15 of the act, may be considered for the grant of pension or gratuity or both at the rate not exceeding that for which he should have otherwise qualified had he been discharged on the same date ..... she further stated that before leaving the house of the accused, the accused warned not to disclose the incident to their mummy otherwise she will scold them ..... therefore, we have to see as to whether a person dismissed from service without disgrace is entitled to service pension or not .....

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

Court : Mumbai

Reported in : (2008)110BOMLR3069

..... sought judicial review by the commander in chief under section 160 of the navy act, who reduced the sentence as indicated above by ..... at court martial under the navy act is prescribed in chapter xiii in sections 98 to section 146 of the act and is a complete code ..... under section 45(c) of the navy act.5. ..... section 45(c) of the navy act ..... of spare for the aircraft and thereby committing offence punishable under section 41(c) of the navy act.2. ..... the said rule also prescribes that the judge- advocate has, equally with the presiding officer, the duty of taking care that the accused does not suffer any disadvantage in consequence of his position as such, or of his ignorance or incapacity to examine or cross-examine witnesses or otherwise, and may, for that purpose, with the permission of the ..... rule 65 makes provision for sentence and provides that the court shall award a single sentence in respect of all the offences of which the accused is found guilty, and such sentence shall be deemed to be awarded in respect of the offence in each charge and in respect of which it can be legally given, and not to be awarded in respect of any offence in a charge in respect of ..... judge advocate shall not sit with the court when the court is considering the finding and no person shall speak to or hold any communication with the court while the court is considering the finding ..... in form of ration for personal consumption which was not due ..... and would not be very close to a person in the position of pw.7, potty. .....

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

Court : Mumbai

Reported in : 2002(1)BomCR695

..... the petitioner challenges these orders whereby the chief of the naval staff has maintained the findings of the court martial and held him guilty under sections 497, 452 and 325 of the indian penal code respectively read with section 77(2) of the navy act, 1957, but modified the sentence to one of rigorous imprisonment as a class i prisoner for a period of 12 calendar months; to be dismissed from naval service and to suffer the consequential penalties involved.2. ..... constitution. no doubt the provisions of the navy act can be traced to article 33 of the constitution the power of parliament to modify the rights conferred by part iii of the constitution as against persons or proceedings covered under the said act, but there is nothing in the navy act to indicate that the court martial is competent to record conviction and sentence against the accused tried under the said act even in absence of any legal evidence to bring home the guilt or opposed to the canons of criminal ..... in the court martial proceedings for the following charges as set out in the charge-sheet, as amended in terms of regulation 157, regulations for the navy part ii (statutory) dated august 1, 2000, which read thus:'the accused lieutenant shivendra bikaram singh (03560-r), indian navy belonging to indian naval ship hansa, being a person subject to naval law, is charged for that he:(1) did between the 20th day of october, 1997 and the 5th day of november, 1997 .....

Vikrampal Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... this point, the provisions of sections 160 and 161 of the navy act may be quoted below: section 160 - judicial review by the judge advocate general of the navy (1) all proceedings of trials by court-martial or by disciplinary courts shall be reviewed by the judge advocate general of the navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the judge advocate general of the navy shall transmit the report of such ..... 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)

..... the sentence passed by the 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 ..... personal computers to the indian navy through the said material organisation, at his residence in material organisation, without paying for the same, and thereby committed an offence punishable under section 54(2) of the navy act, 1957 ..... the accused, commodore narindra mohan munshiram pandit (60219-k) indian navy, then belonging to indian naval ship india additional for duties as director clothing and victualling, 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 forfeiture of arrears of pay and allowances and other public money due to a person at the time of cashiering or dismissal. .....