SERVICE PRIVILEGESCentral

Section 24 of The Navy Act, 1957

(1)On the presentation to any Civil or Revenue Court by or on behalf of any person in the naval service while subject to naval law of a certificate from the proper naval authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the Court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.
(2)The certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenticated by such authority.
(3)No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof.
(4)Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application, without any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5)Every criminal court before which a case is pending against a person in the naval service, shall, so far as may be possible, arrange for the early hearing and final disposal of such case.

Summary

The single most important thing this provision does is guarantee that court cases involving naval personnel are expedited so they can be resolved during the person's approved leave.
Naval personnel can present a certificate to a civil or revenue court proving they have leave to attend a specific lawsuit.
The court must try to finish the case within the dates listed on that free, authenticated certificate.
If a civil or revenue court fails to resolve the case in time, it must write down the reasons and give the naval person a free copy of those reasons.
Criminal courts are also instructed to arrange early hearings and finalize pending cases against naval personnel as quickly as possible.

Practical examples

1Sailor Vikram is granted leave from November 1 to November 15 to handle a land dispute in his home village. He gives a naval certificate to the local revenue court, which adjusts its calendar to hear and decide his case before he returns to his ship on November 16.

2A civil court in Chennai cannot finish a 200,000 rupee contract lawsuit involving Petty Officer Rao before his 10-day leave expires due to a missing witness. The judge writes a formal explanation for the delay and provides a free copy to Rao so he can prove to his commanding officer why the case remains open.

FAQ

1. What information must the naval certificate contain under Section 24 of The Navy Act, 1957?

Under Section 24 of the naval law, the certificate must state the first and last days of the leave, describe the specific case it relates to, and be signed and authenticated by the proper naval authority.

2. Does a sailor have to pay court fees to ask for a priority hearing under Section 24 of the 1957 Navy Act?

No, Section 24 of the Act clearly states that no fee shall be payable for presenting the certificate or for applying for a priority hearing.

3. What happens if a civil court cannot finish the case in time under Section 24 of the Indian Navy Act?

Section 24 of the Act requires the court to record its reasons for being unable to finish the case and provide a free copy of those reasons to the naval person upon their request.

4. How does Section 24 of the naval law apply to criminal cases against sailors?

Section 24 of the Act directs every criminal court with a pending case against someone in the naval service to arrange for an early hearing and final disposal as far as possible.

Test yourself

Q1.Under Section 24 of The Navy Act, 1957, what is the legal status of a duly signed and authenticated certificate from a naval authority regarding a sailor's leave?

Q2.According to Section 24 of the naval law, what must a civil court do if it fails to finally dispose of a sailor's suit within their granted leave period?

Q3.Under Section 24 of The Navy Act, 1957, how much does it cost a naval officer to apply for a priority hearing in a civil court?

Q4.Which types of courts are explicitly mentioned in Section 24 of the 1957 Navy Act as being required to expedite hearings for naval personnel?

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