Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 12 financial and administrative powers of chairperson Page 11 of about 199 results (0.808 seconds)

Ex J.W.O. R.P. Krishna Rao Vs. Union of India Represented by Its Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... rank or group to earn pension of that rank or group was taken away and it is sufficient for the pensioner to hold the post even for one day at the time of his discharge to earn the pension for that post. 15. in a similar facts and circumstances, the armed forces tribunal, kochi bench, has also decided about the rank to be considered for the assessment of revised pension with effect from 1.1.1996 as per the letter dated 7.6.1999 and 9.2.2001, and paras-122 and 123 ..... years in a particular rank in order to obtain pension for that rank. however, the government relaxed the requirement of 02 years into 10 months based on the judgement of honble apex court. accordingly, the pension of the applicant was assessed at the lowest acting paid rank or substantive rank and the lowest group held by him in the last 10 months of service qualifying for pension. a competent authority was empowered to condone upto three months the period towards deficiency of service in a particular rank except on voluntary .....

Randhir Singh Vs. Union of India

Court : Supreme Court of India

..... be exercised rarely and when it is absolutely imperative that immediate action is called for. the satisfaction in that behalf must either be articulated in writing or be available on record, specially when the matter can be considered on merits by a tribunal, with the coming into force of the armed forces tribunals act, 2007. 5 11 in a review petition5 filed by the union of india, the earlier judgment was clarified on 16 february 2017 in the following terms: the requirement, as stipulated in aforesaid paragraphs 20 and 33, of recording ..... versus union of india & ors respondent(s) dr dhananjaya y chandrachud, j judgment12 admit. this appeal arises from a judgment of the armed forces tribunal at its chandigarh regional bench dated 7 december 2015. the appellant was enrolled on 29 october 1996 in the 43 armed brigade and was at the material time posted as acting lance dafadar1. it is alleged that on 11 august 2007 while on duty for cleaning the service area in the morning, the appellant .....

Lt.R.P.Yadav Vs. Union of India and Anr.

Court : Delhi

..... was dismissed from service.6. aggrieved by the same, the petitioner has approached this court by and under w.p.(c) no.4336/2003 challenging the administrative discharge.7. with the promulgation of the armed forces tribunal act and the constitution of the tribunal, the writ petition stood transferred to the tribunal where it was renumbered as t.a. no.73/2010, and the same is still pending disposal before the tribunal. two civil miscellaneous applications filed, praying as above noted in paragraph 1 have been disposed of.8. the impugned order is dated september 24, 2013 and has disposed .....

Union of India and Ors. Vs. Vishav Priya Singh

Court : Supreme Court of India

..... them. it was submitted by mr. arun mohan, learned amicus curiae that absence of an appeal from the decision of an scm did weigh with the high court of delhi but that factor would stand modified with the enactment of the armed forces tribunal act, 2007 which came into force on and with effect from 16.02.2008. he further submitted that note 5 below section 120 considered by the high court was already deleted vide government order dated 28.01.2001. in his ..... action is called for. the satisfaction in that behalf must either be articulated in writing or be available on record, specially when the matter can be considered on merits by a tribunal, with the coming into force of the armed forces tribunals act, 2007.21. we now deal with the question as to what kind of offences can be tried by an scm. an scm can try any offence punishable under the act by virtue of sub-section (1) of section 120 but this general principle is subject to the provisions appearing in sub-section (2) of section 120. .....

C.S.Dinesh Babu Vs. the Union of India

Court : Kerala

..... the chief justice mrs. manjula chellur & the honourable mr.justice k.vinod chandran wednesday, the 23rd day of january 2013 3rd magha 193 op(aft).no. 307 of 2013 (z) --------------------------- against the order/judgment in oa.62/2010 of armed forces tribunal,regional bench,kochi dated petitioner(s)/applicant in oa: --------------------------------- c.s.dinesh babu, aged 6 years ex-hav.no.6633559,residing at prasanna hut puthenchantha,varkala,varkala.p.o chirayinkeezhu,thiruvananthapuram ..... applied for pension in 1999, which application was rejected by annexure a6 dated 18-01-1999. annexure a6 order found the petitioner dis-entitled for pension for reason of his having been dismissed under section 20(3) of the army act for reason of being a deserter, on 15-10-1980. that order was challenged earlier before this court in o.p.no.34267/2000, which was rejected by judgment dated 13-07-2007 produced as annexure a11. the petitioner's claim for being granted pension was considered .....

M. Natarajan Vs. Union of India, Rep. by Secretary to the Government a ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

l.t. gen. k. surendra nath, member-administrative: 1. this original application has been filed under section-14 of the armed forces tribunal act, 2007, whereby the petitioner has claimed the following reliefs :- a) to call for the records pertaining to order in l.no.7/653/95/d dated 24.12.96, on the file of the first respondent and quash the same; b) to direct the first respondent to ..... was considered less than 20% for life, no disability pension was admissible to him within the framework of the rules. the respondents also brought out that the case is hopelessly barred by limitation and insurmountable delay in approaching this honble tribunal and would state that the case is liable to be dismissed in favour of union of india. the learned senior panel counsel for the respondents also cited other judgements of armed forces tribunal, lucknow, in its order dated 8.8.2012 and in o.a.no.55 of 2012 with m.a.no.78 of 2012 dated 17.2.2014. the honble .....

Bharpur Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... boards opinion is in blatant violation of the parameters laid down in the above guide on the aspect of attributability, aggravation, and/or assessment of extent of disability, either way, still interference can be made by the tribunal or not ?. in the result the petition is dismissed, and at the same time the petitioner is granted leave to appeal to honble the supreme court, under section 31 of the armed forces tribunal act, on the above questions. ..... self-infliction, negligence or misconduct. (c) the cause of a disability or death resulting from a disease will be regarded as attributable to service when it is established that the disease arose during service and the conditions and circumstances of duty in the armed forces determined and contributed to the onset of the disease. cases, in which it is established that service conditions did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will be regarded as aggravated by the .....

“In View of the Judgment of Hon’ble Supreme Court in Madan Vs. Uni ...

Court : Punjab and Haryana

..... should be reported in the digest?. present: mr.rajeev anand, advocate, for the petitioner. ms.kamla malik, advocate, for the respondents. hemant gupta, j. challenge in the present writ petition is to an order passed by the armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 27.01.2014, whereby an original application filed by the petitioner for quashing the orders dated 15.11.2006 and 24.12.2002 rejecting the claim of the petitioner for grant of disability pension remained ..... claim of arrears would be restricted to a period of three years prior to initiation of lis, as any claim for money could be lodged only within three years from the date right to recovery arises in terms of article 137 of the limitation act, 1963. therefore, we find that the claim of disability pension cannot be declined for the reason that it was not raised within three years of discharge from the army, but the payment of arrears would be restricted to a period of three .....

Jagdish Pal Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... re-trial of the accused (applicant) as the proceedings are illegal on technical grounds and have thus been vitiated. as such the same are liable to be quashed in totality. the tribunal has clear power for quashing the conviction as per section 16 of the armed forces tribunal act, 2007 which reads as under:- 16. re-trial. (1) except as provided by this act, where the conviction of a person by court-martial for an offence has been quashed, he shall not be liable to be tried again for the offence by a court-martial ..... or by any other court. (2) the tribunal shall have the power of quashing a conviction, to make any order authorizing the appellant to be retried by .....

A. Sreenivasa Rao and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2002(4)ALD881; 2002(4)ALT475

..... 2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the governor. (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces. 29. it is very well settled and needs no restatement in our hands that under article ..... 323-a of the constitution, enacted the administrative tribunals act, 1985 (act 13 of 1985) (for short 'the act') which inter alia provides for establishment of administrative tribunals. sections 14, 15 and 16 of the act deal with the jurisdiction, powers and authority of the central administrative tribunal, the state administrative tribunals and the joint administrative tribunals respectively. exclusive jurisdiction is conferred upon the tribunals under the act in respect of all service related matters. the administrative tribunal for a state shall exercise all .....