Court : Allahabad
Decided on : Feb-25-2010
..... i of the said act deals with preliminaries; section 1 proceeds to deal ..... the supreme court. the armed forces tribunal bill received the assent of the president on 22.12.2007 and was known as the armed forces tribunal act, 2007 (55 of 2007).15. after the armed forces tribunal act has been introduced and the armed forces tribunal has been established, the scheme and salient features of the act are being looked into:chapter ..... qua army personnel were pending in court for long time, and in order to provide one speedy forum for judicial review, the provisions of armed forces tribunal act has been introduced, wherein provisions has been made for adjudication of dispute of such service matters by bench, comprising of one judicial member and .....
Tag this Judgment!Court : Delhi
Decided on : Jul-14-2010
..... challenge by the petitioner to the evidence which has been led before the court martial. it is submitted that section 17 of the armed forces tribunal act, 2007 confers the power on the armed forces tribunal to inter alia re-appreciate the evidence and to receive evidence. it is submitted that the right to appeal is a fundamental ..... order passed by the general court martial and the confirming authority in the statutory appeal by the petitioner was therefore completed long before the coming into force of the armed forces tribunal act, 2007 on 14th june, 2008.12. in this background, this court does not have jurisdiction to give liberty to the petitioner to challenge ..... limitation which is prescribed under the said enactment, would also require to be considered at the time the appeal, if any, is preferred by the armed forces tribunal act, 2007. the present application is consequently bereft of any legal merit.13. it is noteworthy that the writ petition was decided on a consideration of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jul-16-2010
..... also be appointed as a judicial member. the chairman and members of the armed forces tribunal are appointed by the president in consultation with the chief justice of india. so, the armed forces tribunal is a national tribunal. its principal bench is at delhi and have benches at different places. 44. chapter iii of the armed forces tribunal act, 2007 consisting of sections 14 to 20, deals with the jurisdiction, powers ..... and authority of the tribunal. section 14(1) reads as follows: "14. jurisdiction, powers and authority in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Mar-09-2010
..... applicant in this application, has filed w.p.no.2082 of 2009 before the honourable high court, andhra pradesh, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal under armed forces tribunal act 2007 and renumbered as t.a.no.116 of 2009. 2. the petitioner major general g.k.sahney (retd) has in the petition challenged the ..... pension/family pension in respect of civilians government servants, the president of india was pleased to decide that with effect from 1.1.1996 the pension of all armed forces pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced with effect from 1 ..... average emoluments in all cases and shall be subject to a minimum of rs.1275/- pm and a maximum of upto 50% of the highest pay applicable to armed forces personnel but the full pension in no case shall be less thatn 50% of the minimum of the revised scale of pay introduced with effect from 1.1. .....
Tag this Judgment!Court : Delhi
Decided on : Aug-16-2010
..... or legal heirs of the doctors employed under central government and had retired prior to the year 1996, filed application(s) under section 19 of administrative tribunals act, 1985 before cat, principal bench, new delhi seeking quashing of the office memorandum dated 29.10.1999 and re-fixation of their pension in terms of ..... for consideration by the apex court needs mention in this regard: "3. the recommendations of fourth central pay commission in regard to pensionary benefits for armed force officers retiring on or after 1.1.1986 were implemented by ministry circular dated 30.10.1987. the said circular provided that retiring pension of all ..... government, some doctors who had retired from central health service prior to the year 1996 assailed the validity of the aforesaid office memorandum before the central administrative tribunal (hereinafter referred to as "cat"), principal bench, new delhi. the validity of the aforesaid memorandum was upheld by cat, which decision was assailed before .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : Apr-23-2010
..... owned or controlled by the government. parliament enacted armed forces tribunal act for adjudicating the service matters/disputes of the persons subject to army act , navy act and air force act. the preamble of the act reads as under:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, ..... .o.17(e)-in exercise of the powers conferred by sub-section (4) of section 5 of the armed forces tribunal act, 2007 (55 of 2007), the central government notifies the bench of the armed forces tribunal at chandigarh with effect from 16th day of november, 2009, which shall have jurisdiction within the territorial limits ..... .o.18(e)-in exercise of the powers conferred by sub-section (4) of section 5 of the armed forces tribunal act, 2007 (55 of 2007), the central government notifies the bench of the armed forces tribunal at kolkata with effect from 23rd day of november, 2009, which shall have jurisdiction within the territorial limits .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jun-30-2010
..... in england against the ministry of defence in respect of any breach of the state's common law duty of care towards them: crown proceedings (armed forces) act 1987, section 1. that such liability is capable of arising in respect of operations or activity anywhere in the world appears implicit in section 1 of the ..... vol 1, p 230, uses jurisdiction to mean "the authority of states to prescribe their law, to subject persons and things to adjudication in their courts and other tribunals, and to enforce their law, both judicially and non-judicially." these different aspects of jurisdiction are sometimes said to be curial or judicial jurisdiction, legislative jurisdiction, and ..... authority for any concept of extra-territoriality going beyond bankovic as recognised in al-skeini. the applicants complained that their transfer by british forces to the custody of the iraqi high tribunal exposed them to a real risk of the death penalty in breach of articles 2 and 3. the united kingdom's argument on .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Feb-09-2010
..... in this application, has filed w.p.no.1949 of 2001 before the honourable high court of andhra pradesh at hyderabad, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal under armed forces tribunal act 2007 and renumbered as t.a.no.55 of 2009. 2. the affidavit to the petition filed by the petitioner for the relief of pension reads as ..... even the total qualifying service of the petitioner comes to 7 years 52 days. (iv)the reference to act 14 of constitution is irrelevant as there is no comparison between an emergency commissioned officer who has rendered 12 years of continuous service in the armed forces, and an officer who has rendered service in broken spells, much of which is nonqualifying. the petitioner .....
Tag this Judgment!Court : Uttaranchal
Decided on : Feb-08-2010
..... , inter alia, pending before a high court, which would have fallen within the jurisdiction of a tribunal, had such proceeding arisen after the establishment of the armed forces tribunal, are mandatory to stand transferred to the armed forces tribunal on the date on which the tribunal was constituted. section 34 of the armed forces tribunal act, 2007 is being reproduced hereunder:34. transfer of pending cases.-(1) every suit, or other proceeding ..... the petitioner was renumbered as writ petition (s/b) no. 125 of 2007. after the promulgation of the armed forces tribunal act, 2007, a petition assailing the proceedings of a summary court martial and order passed thereupon would only lie to the armed forces tribunal under section 15 of the armed forces tribunal act, 2007. section 15 is being extracted hereunder:15. jurisdiction, powers and authority in matters of appeal against .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-16-2010
..... , inter alia, pending before a high court, which would have fallen within the jurisdiction of a tribunal, had such proceeding arisen after the establishment of the armed forces tribunal, are mandatory to stand transferred to the armed forces tribunal on the date on which the tribunal was constituted. section 34 of the armed forces tribunal act, 2007 is being reproduced hereunder:34. transfer of pending cases.--(1) every suit, or other proceeding ..... was re-numbered as writ petition (s/b) no. 78 of 2008. after the promulgation of the armed forces tribunal act, 2007, a petition assailing the proceedings of a summary court martial, and the order passed thereupon, would only lie to the armed forces tribunal under section 15 of the armed forces tribunal act, 2007. section 15 is being extracted hereunder:15. jurisdiction, powers and authority in matters of appeal against .....
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