Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Apr-11-2011
..... to armed forces tribunal, regional bench at lucknow, under section 34(2) of the armed forces tribunal act, 2007 and renumbered as t.a.no.898 of 2010 before the armed forces tribunal, regional bench at lucknow. thereafter, on petition by the applicant, from the armed forces tribunal, principal bench at new delhi, the same was transferred to this armed forces tribunal, regional bench, chennai on the point of jurisdiction under section 27 of the armed forces tribunal act 2007 ..... the applicant has not exhausted the statutory remedy available to him under section 164(2), after the armed forces tribunal act 2007 came into force, the appeal power against the verdict of the dcm and all court martials have been vested with this tribunal under section 15 of the armed forces tribunal act 2007. under such circumstances, we hold that the impugned order of dcm against the applicant/appellant is .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2011
..... in the reply affidavit, the respondents have opposed the writ petition on the following grounds :-(i) the petitioner has an alternate remedy under section 14 of the armed forces tribunal act for challenging the impugned order.(ii) the application of petitioner no.1 for automatically considering release from service in accordance with the provisions of army order on the ..... (2).(e) article 33 of the constitution of india confers power on the parliament by law to restrict fundamental rights of members of the armed forces. restrictions imposed by section 21 of the army act, 1950 and rules 19 to 21 of the army rules, 1954 are only in respect of certain fundamental rules (right to form associations, ..... , manu/sc/0046/2000 at paragraphs 30, 31 and 32).(g) no alternative remedy is available to petitioner no.2 who is not a member of the armed forces.even as far as petitioner no.1 is concerned, the matter already having been examined by this court, petitioner no.1 is entitled to approach this court, .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Feb-11-2011
..... filed these petitions before the honourable high court of andhra pradesh, which have subsequently been transferred to this regional bench of the armed forces tribunal under section 34(2) of the armed forces tribunal act, 2007. 9. the respondents 1 to 3 in their common counter would contend that the petitioner in t.a.no.128 ..... order no.1(3)/98 d (pen / services), dated 27.05.1998. this tribunal has been specifically barred from exercising the power under articles 226 and 227 of the constitution of india under section 14 of the armed forces tribunal act, 2007. under such circumstances, even though the petitioners have filed these petitions under article ..... 226 of the constitution of india before the honourable high court of andhra pradesh, this tribunal cannot exercise the power conferred under article 226 of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Jul-12-2011
..... apex court of india. in this context, we would like to refer that central administrative tribunal cannot be compared with that of the armed forces tribunal constituted under armed forces tribunal act 2007 (act 55 of 2007). the preamble to the armed forces tribunal act 2007 reads as follows:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in ..... respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Nov-17-2011
..... court of kerala at ernakulam by way of filing writ petition (civil) no.35353/2008, which has subsequently been transferred to this armed forces tribunal, regional bench, kochi under section 34 of the armed forces tribunal act 2007, after the constitution of the same, and renumbered as t.a.no.117 of 2010. 2. the averments in the ..... p), allahabad. the third re-survey medical board was held on 30.10.1995. however, the medical advisor (pension), the representative of the director general of armed forces medical service (highest medical authority for disability pension) has considered the disability of the applicant at less than 20% (15-19%) by rendering his second opinion as ..... government of india, ministry of defence, new delhi dated 31st january, 2001. para 7.2 of the said g.o. reads as follows: when an armed forces personnel is invalided out under circumstances mentioned in para 4.1 above, the extent of disability or functional incapacity shall be determined in the following manner for .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Feb-25-2011
..... of service to the petitioner for three years, from july, 2003 to july, 2006 as unjust. on transfer to the chennai regional bench of the armed forces tribunal, in accordance with section 34 (2) of the armed forces tribunal act, 2007, the same has been re-numbered as ta no.153/2010. 2. the short facts of the petition to the affidavit sans irrelevant particulars ..... orally applied for leave to appeal. but, we consider the case as not a fit one to be granted leave to appeal as per section 31 (1) of the armed forces tribunal act, 2007, since there is no point of law of general public importance involved in this petition. (iv) no costs. ..... counsel assisted by lt col sandeep kumar, legal officer, atnkandk area hq and sqn ldr p m ilamurugu(27305-g), adjutant of air force station, tambaram (who has brought the confidential documents for perusal of the tribunal) and considered their submissions. we have also perused the remark of d int on page no.1 of the application for extension of engagement .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Feb-09-2011
..... way of filing w.p.no.15284 of 2009 and the same after the constitution of the regional bench of the armed forces tribunal at chennai was transferred to this tribunal under section 34(2) of the armed forces tribunal act 2007 and renumbered as t.a.no.182 of 2010. 2. the facts in brief as narrated in the affidavit ..... at king george hospital at visakhapatnam and their report/opinion does not merit any consideration. the strict standards of medical fitness are mandatory for service in the armed forces and these medical standards are common to all recruits. this disability may not affect civil employment and therefore a certificate to that effect was issued to the ..... would have existed even before the petitioner entering into service. the learned counsel appearing for the petitioner at this juncture would bring to the notice of this tribunal the clear admission made by the respondents in their counter at para-1, wherein the admission part of the respondents runs as follows:- the petitioner appeared .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Jun-06-2011
..... of 2010 and thereafter, on his petition, the same was transferred from regional bench at lucknow to this regional bench at chennai under section 27 of the armed forces tribunal act 2007 by the honourable chairperson of armed forces tribunal, regional bench at chennai. 2. before the court of inquiry 18 witnesses were examined out of them 11th, 17th , 9th , 2nd, 20th, 13th, ..... accused has preferred a writ petition no.3921 of 1996 before the madhyra pradesh high court, which was transferred to armed forces tribunal, regional bench at lucknow and thereafter, transferred, from there to this tribunal under section 27 of the armed forces tribunal act, 2007. 24. we heard the learned counsel mr.v.venkatadri appearing for the applicant and the learned senior panel ..... by justice aca adityan) 1. this application has been transferred from the armed forces tribunal, regional bench at lucknow, by the principal bench, new delhi and reassigned t.a.no.200 of 2010. originally the applicant had challenged the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : Mar-08-2011
..... is not dependent upon the decision in statutory representation. they are altogether a separate proceeding and cannot be assailed in an appeal under section 15 of the armed forces tribunal act 2007. we are not oblivious of the fact that a decision rendered without jurisdiction would be coramnon juris. in harshadchiman lals case (supra), it was held ..... representation/complaint is pending. in this regard, it would be appropriate to quote the relevant provisions contained in section 15 of the armed forces tribunal act 2007, which reads: 15. jurisdiction, powers and authority in matters of appeal against court-martial:--(1) save as otherwise expressly provided in this ..... residence is used, it would be relevant to refer to certain notifications which have been issued by the central government defining the territorial jurisdiction of the benches of the armed forces tribunal at chennai, jaipur, lucknow, chandigarh, calcutta and kochi. they are: s.r.o nos. 14(e) dated 21.10.2009, 15(e) dated 28. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
Decided on : Mar-08-2011
..... the order of the chief of army staff and court martial. there is no embargo to avail the remedy in the form of appeal before this tribunal provided under sec.15 of the armed forces tribunal act, 2007. hence, in view of the principles laid down by a larger bench of aft, principal bench, new delhi in the case of ex hav ..... dismissed. a mercy petition had been filed by the accused before honble president of india, which was also dismissed. the wife of the accused moved this tribunal in the form of appeal under sec.15 of the armed forces tribunal act, 2007 against the order of conviction passed by the summary court martial, which came to decided on 13.8.2010. since this ..... court martial, who had already availed the remedy of appeal by way of petition under sec.164 of the army act before the chief of army staff, cannot avail the remedy of appeal under sec.15 of the armed forces tribunal act, 2007 against the said order and only remedy left for the incumbent is only by way of writ petition under .....
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