Judgment Search Results Home > Cases Phrase: navy act 1957 section 92 joinder of accused person Page 5 of about 163 results (0.046 seconds)

Mangal Singh Bhatti Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : 1993CriLJ3070

..... to be tried by court-martial :- (1) the central government may make rules consistent with this code and, the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a court to which this code applies or ..... make an order committing the accused for trial to the court of session under section 209 of the said code, or(d) make over ..... as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not-(a) convict or acquit the accused under section 252, sub-sections (1) and (2) of section 255, sub-section (1) of section 256 or section 257 of the code of criminal procedure, 1973 (2 of 1974), or hear him in his defence under section 254 of the said code; or(b) frame in writing a charge against the accused under section 240 or sub-section (1) of section 246 of the said code; or(c) .....

Srirupa Roy Vs. Lalit Kumar

Court : Karnataka

..... in terms of the judgement of the learned single judge, a decision is taken to pay to the complainant a monthly maintenance of rs.59,170.92/- as is admissible under the provisions of section 31 of the navy act, 1957, vide order dated 10.04.2023 issued by the commander, cdr (p & a). ..... caption compliance affidavit filed on behalf of contemnor no.1, 4, 5 and6at page 12, annexure-r3, a tabular statement is placed on record showing that the amount towards the maintenance is deducted from the salary accounts of accused no.7 for the month of may, june, july and august 2023, and that the same is deposited in the account of the complainant by way of neft on 31.5.2023, 30.6.2023, 31.7.2023 & ..... commander sri dayananda mestha who is present before the court would submit that if an appropriate application is made by the complainant party-in- person to the director of personnel services (dps), the canteen card would also be issued to the petitioner and her son enabling them to ..... a co-ordinate bench of this court vide order dated 29.08.2023 had observed as under:- heard the complainant party-in-person and the learned counsel sri s rajashekar who has filed into court a memo enclosing therewith the proceedings ordering maintenance in favour of the complainant and has also ..... in the meanwhile it is submitted that the husband of the complainant party-in-person is said to be demobilized by 31.08.2023 and that he has informed her that he would be leaving the country and hence she prays that the future .....

United States Vs. Steever

Court : US Supreme Court

..... prize money, and had therefore received $30,927.84 more than he was by law entitled to, and that howarth and gay were entitled to prize money only in proportion to their rate of pay as acting master's mates on the day of the capture, and not according to the pay of the grades to which they had since been promoted, and had therefore received, howarth $18,979.02, and gay ..... them or their legal representatives for such sums as, added to the amount already paid, should make up their lawful shares, and provided that no suit should be brought under the provisions of this act after one year from the date of its passage, and that any judgment rendered by the court of claims should be paid by the secretary of the treasury out of any money in the treasury ..... to the fleet captain, and one-fiftieth part to the officer commanding the division to which the launch was attached, and the remainder distributed to the other persons doing duty on board the launch in proportion to their respective rates of pay the service. ..... to hold otherwise would be to leave the shares of prize money, not only of the persons promoted, but also of all others on board and entitled to share according to rate of pay, subject to ..... navy," or simply "vessel," as used throughout the act, and comes within the definition of 32, by which in the term "vessels of the navy" are to be included, for the purposes of this act, all armed vessels officered and manned by the united states and under the control of the department of the navy .....

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. .....

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 to ..... the brief account of the facts, which arise in these proceedings, are that the petitioners herein consisting in all about twenty four {24} persons claiming to be naib kazis, who have been appointed by the respective kazis for the respective areas, filed this writ petition against the state and the a.p. ..... for instance, in egypt, whatever the law of the parties, the hanafi law will generally be applied to muslims in personal matters; but in india the law of the parties-hanafi, shafii, ithna "ashari or fatimid ismaili - will be applicable. ..... 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 residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the state government unfit, or personally incapable, to discharge he duties of the office. .....

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

Court : Andhra Pradesh

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

..... when once the matter is ex facie found to be not within the exclusive jurisdiction of the special court, the jurisdiction of the ordinary civil and criminal courts to determine any civil and criminal liability of any person on the allegations made by the petitioners survives uninterfered with and unhindered in any manner, and therefore, it is always open for the petitioners to take such recourse to any appropriate civil and criminal proceedings, ..... 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 baseless ..... . land grabbing (prohibition) act, 1982, the prohibition of land grabbing under section 4 thereof and the consequential exclusive jurisdiction of the special court to determine the civil and criminal liability of the persons concerned cannot be prima facie considered to have been indicated to be attracted by ..... . siddiq ali khan(1 supra) that the persons impleaded as respondents in the land grabbing case are not entitled to file any counter and produce documents opposing the application before the special court takes ..... . 160 of 1999 in respect of a different land against persons, who remained ex parte and who failed before the inams tribunal, on the strength of positive oral evidence and the report of the mandal revenue officer, placed before the special court, can be .....

Brahm Singh Vs. Board of Revenue and ors.

Court : Allahabad

Reported in : 2008(3)AWC2200; AIR2008All144(FB)

..... --(1) the collector may of his own motion and shall on the report of the committee or on the application of any person aggrieved by the grant of any land made under section 14, whether before or after the commencement of the uttar pradesh bhoodan yagna (amendment) act, 1975, inquire into such grant, and if he is satisfied that the grant was irregular or was obtained by the grantee by misrepresentation or fraud, he may--(i) cancel the grant, and on such cancellation, notwithstanding anything contained ..... that the allotment is irregular which reads as under:(4) the collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any.the word 'collector' is defined in sub-section (4) of section 3 of 1950 act, which reads as under:(4) 'collector' means an officer appointed as collector under the provisions of the u.p. ..... in section 14 or in any other law for the time being in force, the rights, title and interest of the grantee or any person claiming through him in such land shall cease, and .....

Ramesh Bhardwaj Vs. Ram Saran Dass

Court : Punjab and Haryana

Reported in : (1998)120PLR35

..... bhalla learned counsel appearing on behalf of the petitioner drew my attention to section 4(5)(b) of the act and submitted that under the said provisions, in any matter relating to the person of a ward, the district court having jurisdiction is the place where the ward for the time being ..... counsel further submitted that it is not the place of residence of the natural guardian that gives the jurisdiction to the court under section 9(1) of the act but it is the place of ordinary residence of the minor which gives jurisdiction to the court. ..... he, therefore, contended that since on the date of filing of the application under section 25 of the act, the minors were staying at nabha, district patiala, the courts of district patiala, only have the jurisdiction to entertain the said application and courts at chandigarh had no jurisdiction to entertain and try ..... during the pendency of the application filed by the respondent under section 25 of the act, the petitioner took a preliminary objection in the written statement that the court had no jurisdiction to try the case and this objection has been dismissed by the learned ..... the respondent filed an application under section 25 of the act for the custody of the said minors ..... for the custody of the minor children, in this court and after the petitioner was ' relegated to the civil court by this court, in the said writ petition, he filed the present application under section 25 of the act. ..... 1957 kerala 158 and a judgment of this court in mubark shah .....

Commopore C.P. George Vs. Chief of Naval Staff

Court : Delhi

Reported in : 58(1995)DLT578

..... section 82 deals with the procedure for imposing punishments and sub-clause (20) permits all other punishments to be imposed as per previous custom, learned additional solicitor general has brought the original registers by which the chief of naval staff had been imposing 'censures' on officers of the rank of commodore and above and postponing promotions by one year, prior to the navy act, 1957 ..... in the case of a prisoner of war who is still absent, whenever any inquiry affects the character or reputation of a person in government service or may result in the imputation of liability or responsibility for any loss of damage or is made for the contravention of any regulations or general or local orders, full opportunity shall be afforded to such person of being present throughout the inquiry and of making any statement and of giving any evidence he may wish to make or give ..... at that stage that the chief of naval staff took an interview with the minister and personally explained the matter to the minister concerned as to why the earlier decision of the government ..... of the board shall take such steps as may be necessary to ensure that such person so affected and not previously notified, receives notice of and fully understands his rights under ..... it was contended for the respondents that whenever an inquiry against a certain person was likely to involve certain other officers also, then the other officers would be allowed to participate in the inquiry and cross-examine the witnesses who .....

NitIn Shankar Kadkol Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : I(2004)DMC695; 2004(2)MhLj767

..... petitioner caused death of padma by pouring kerosene on her person and putting her on fire and thereby committed an offence under section 77(2) of the navy act, 1957.3. ..... however, the conviction in respect of the accused under section 304-b of the indian penal code is set aside and the petitioner is convicted under the provisions of section 498-a of the indian penal code and is sentenced to suffer rigorous imprisonment for a period of three ..... this view of the matter, the conviction of the accused under section 304-b will have to be set aside.16. ..... was, therefore, submitted that the mandatory procedure as prescribed under the act was not followed and since the legal opinion expressed by the trial judge advocate is binding on the court-martial, they had erroneously proceeded to give the said finding that the accused was guilty of having committed the offence under section 304-b.12. ..... this evidence, in our view, therefore, does not indicate that the accused, soon after the marriage, had treated his wife with cruelty on account of demand of ..... mother of the deceased in her cross-examination has admitted that the accused had not demanded dowry at the time of marriage of her daughter. ..... some of the witnesses have stated that the accused used to take drinks and used to beat his ..... rule of evidence is prescribed in law to obviate the prosecution of the difficulty to further prove that the offence was perpetrated by the husband, as then it would be the burden of the accused to rebut the presumption. .....