Judgment Search Results Home > Cases Phrase: navy act 1957 section 92 joinder of accused person Court: chennai Page 1 of about 6 results (0.066 seconds)

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 .....

Kaushal Kishore Sahs Vs. Union of India, Rep by Its Secretary and Othe ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... co-accused, the mandatory provisions contemplated under regulations 27 and 29 of the regulations for the navy were not followed, the learned assistant judge advocate slt chinmay sharma has come forward, after getting a cue from his higher ups, to make an endorsement as to the effect that since the petitioner has not exhausted his statutory remedy, if he withdraws this petition and approaches the competent authority as per the rules contemplated under navy act 1957, the ..... the application under section 163 of the navy act shall be made by the petitioner within a months time from this date. ..... under such circumstances, the petition is dismissed as withdrawn with liberty to the petitioner to approach the competent authority under section 163 of the navy act 1957. ..... during the course of the argument, when the tribunal exposed it mind after referring to the judgment of this tribunal delivered in t.a.no.171 of 2010 relating to the co-accused mr. .....

P.P. Chandrasekhran Vs. the Government of India and ors.

Court : Chennai

Reported in : 1977CriLJ677

..... section 428 of the criminal procedure code provides:where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction....there is no such provision in the navy act. ..... he was tried by the court-martial at bombay for certain offences under section 409, indian penal code read with section 77 of the navy act and sentenced to undergo rigorous imprisonment for 18 months on 21-8-1972. ..... the navy act being a special enactment and the application of the criminal procedure code has been excluded, the operation of section 151 of the navy act is only applicable ..... was convicted by another court martial on 12-3-1975 to undergo rigorous imprisonment for 6 months for offences under sections 77(1) and 41(e) of the navy act. ..... there is no material to come to the conclusion as to whether under the navy act and the rules framed thereunder, the detenu is entitled to credit of any term of imprisonment for undergoing the vasectomy or for donating blood and that he has been refused such ..... chapter xiv of the act, section 151 provides:subject to the provisions of sub-section (2), every term of imprisonment or detention awarded in pursuance of this act shall be reckoned as commencing on the day on which the sentence was awarded.sub-section (2) is not applicable. .....

The Province of Madras Represented by the Collector of Trichinopoly Vs ...

Court : Chennai

Reported in : AIR1942Mad719; (1942)2MLJ150

..... addition to land assessment, but the first proviso to this section says that where a zamindar or inamdar or any other description of land holder; not holding under ryotwari settlement is by virtue of engagements with the crown entitled to irrigation free of separate-charge, no cess under the act, shall be imposed for water supplied 'to the extent of this right and no more. ..... he and ms predecessor had incurred large debts and in 1858 the legislative council of india passed an act (act xxx of 1858) for the administration of these private lands in order that the debts might be discharged and suitable provision made for the children and the relations of the nabob as the result of proper management. ..... 886 in which the appellants sought to recover from the secretary of state for india sums paid under protest in respect of water cess levied under the act of 1865, lord parker of waddington said that the cess under the act, is leviable on land which is irrigated and therefore is in the nature of a land tax. ..... section 1 of the madras irrigation cess act confers power on the government to levy water cess in. ..... it reads as follows:whereas the receiver of the carnatic property under act xxx of 1858 has produced good prima facie evidence of the title of his highness the late nabob of the carnatic to the premises hereunder specified, now held free of quit rent oof other land-tax .....

K.E. Dayalan and Another Vs. The State of Tamil Nadu represented by Th ...

Court : Chennai

..... as regards the argument of the learned senior counsel for the petitioners/ accused that to attract section 420 of ipc it has to be established that the accused had acted with dishonest intention from the commencement of the transaction, the learned senior counsel for the defacto complainant vehemently contended that whether the accused acted with a dishonest intention from the commencement of transaction or not has to be gone into only at the time of trial and it is not a ground for quashing the ..... various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code of criminal procedure, which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court ..... however, the first information report is silent with regard to authorisation of any person by the board of directors of the defacto complainant company to purchase the land for larger consideration of rs.1.69 crores. ..... on coming to know about such sale, the defacto complainant questioned the first petitioner as to how the lands, which were agreed to be sold them, could be sold to a third person. .....

Mrf Limited Rep. by Its General Manager Vs. the Deputy Chief Inspector ...

Court : Chennai

Reported in : (2009)2MLJ571

..... either as prescribed by section 3 or as are available to them under any other law, contract, custom or usage. ..... , not affected-nothing contained in this act shall adversely affect any rights or privileges which any employee is entitled to with respect to national and festival holidays on the date on which this act comes into force under any other law, contract, custom or usage, if such rights or privileges are more favourable to him than those to which he would be entitled under this act.this section gives an option to the employees, they can choose to have the paid holidays ..... that takes us to section 11 of the act, because this section has to be read along with section 3 in determining the validity of the conclusion recorded by the tribunal on the main point of dispute between the parties. ..... it may be that the employer like the petitioner may want to maximise their profit by adopting the ingenious method of granting optional holidays to their workmen and that the observance of sections 3 and 4 of the nafh act will reduce their profit margin. .....

Krishna Ayyar and ors. Vs. Muthukumarsawmiya Pillai and ors.

Court : Chennai

Reported in : (1906)ILR29Mad217

..... on the one hand, a party denying the mortgagor's title thereto and on the other the mortgagor and the mortgagee and the mortgagor's title is finally negatived, it would be necessary to make such third person a party to the suit brought by the mortgagee against the mortgagor, if the words of section 85 are to be taken literally, inasmuch as the previous adjudication would not under the property adjudicated upon any the less 'property comprised in the ..... marshalling of securities where the owner of two properties mortgages them both to one person and then mortgages one of the properties to another person who has not notice of the former mortgage, section 82 provides that, where several properties, whether of one or of several owners, are mortgaged to secure one debt, such properties are, in the absence of a contract to the contrary, liable to contribute ratably to the debt secured by the ..... . krishnaswami aiyar that the frame of the present suit was in contravention of the rule in section 85 of the transfer of property act and that with reference to that section, the subordinate judge should have ordered the plaintiff's nephew entitled to the third share not comprised in the suit to be made a party, and allowed the appellants to raise the issue as to whether the ..... section 60 of the act confines the right of a person interested in but a share of the mortgaged property to redeem his share only to cases where the mortgage has acquired in whole, or in part, the share of a .....

T.S. Arulroyer (Deceased) and ors. Vs. Lajja Bai

Court : Chennai

Reported in : (1997)1MLJ208

..... (2) where any application, appeal or other proceeding would have been made, preferred or taken, under this act or by against any person, such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal representatives.the said section provides any application made, appeal preferred or proceedings taken, under the act by or against any person, may, in the event of his death, be continued by or against his legal representatives. ..... krishnamoorthy, appearing for the tenant/revision petitioners would invite my attention to section 27 of the act, which runs thus:section 27: proceedings by or against legal representatives: (1) any application made, appeal preferred, or proceeding taken, under this act by or against any person, may, in the event of his death, be continued by or against his legal representatives. ..... in other words, the sine quo non to claim the benefit under section 2(8)(ii) of the act is that the person claiming to be a tenant must be associated with the deceased tenant in the business on a non-residential activity which is carried on by the deceased tenant in the premises. .....

The Management of E.i.D. Parry (India) Limited Vs. the Government of T ...

Court : Chennai

Reported in : 2006(3)CTC673; (2006)IILLJ951Mad

..... ;(f) the person concerned is not a workman as defined by the act;(3) the government should not act on irrelevant and extraneous considerations;(4) the government should act honestly and bona fide;(5) the government should not embark on adjudication of the dispute; and(6) the government should not refuse reference on the ground that ..... following principles emerge:-(1) the government would normally refer the dispute for adjudication;(2) the government may refuse to make reference, if-(a) the claim is very stale;(b) the claim is opposed to the provisions of the act;(c) the claim is inconsistent with any agreement between the parties;(d) the claim is patently frivolous;(e) the impact of the claim on the general relations between the employer and the employees in the region is likely to be adverse ..... pugalur in respect of matters mentioned in the annexure to this order:and whereas in the opinion of the governor of tamil nadu, it is necessary to refer the said dispute for adjudication;now, therefore, in exercise of the powers conferred by section 10(1)(d) of the industrial disputes act, 1947 (central act xiv of 1 947), the governor of tamil nadu hereby directs that the said dispute be referred for adjudication to the industrial tribunal, madras.further, under ..... at in the first decision, namely, : (1957)iillj1sc is as follows: (para 38)38. .....

National Small Industries Corporation Ltd. Rep. by Its Regional Genera ...

Court : Chennai

Reported in : (2005)IIILLJ284Mad; (2005)3MLJ126

..... dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding ..... the word 'apprentice' has not been defined in the industrial disputes act, 1947, but it has been defined in section 2(aa) of the apprentices act, 1961 as follows:''apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. ..... the word 'workman' has been defined in section 2(s) of the industrial disputes act, 1947 as follows:' 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that .....