Court : Allahabad
..... 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 : Armed forces Tribunal AFT Regional Bench Chennai
..... 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 : Supreme Court of India
..... supplied) this provides the qualifications, terms and conditions of service etc. of chairpersons and members of the appellate tribunal. this provision shows total non-application of mind because the armed forces tribunal act, 2007 has no provision for an appellate tribunal. in fact, section 6 of the armed forces tribunal act, 2007 itself provides the qualifications for appointment for chairperson and other members and it is not clear what was ..... binding on the high court under article 141 of the constitution of india, allowing the aggrieved person to avail the remedy under section 30 read with section 31 of the armed forces tribunal act.44. the high court (the delhi high court) while entertaining the writ petition under article 226 of the constitution bypassed the machinery created under sections 30 and 31 of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... matter on 21st february 2011 and decided to transfer the same to this bench in terms of section 34 of the armed forces tribunal act, 2007. but, the division bench while directing for transfer of the matter to the tribunal set aside the judgment rendered by the learned single judge. consequently, the position prior to the order of the learned ..... army staff on his appeal. by that order, the chief of army staff found no merit in the appeal preferred by the applicant. after the establishment of the armed forces tribunal at kochi, the matter was transferred to this bench and is registered here as t.a.no.9 of 2011. 2. the applicant was enrolled in the ..... respondents on the other hand submitted that the applicant was in the service of the army, which is not only a sensitive service but is also a highly disciplined force. any modification of the punishment may result in causing indiscipline in the army. he, therefore, submitted that the proper punishment in this case was dismissal from service .....
Tag this Judgment!Court : Supreme Court of India
..... the principles set out in associated provincial picture houses ltd. vs. wednesbury corporation17, are available 15 inter alia, electricity act, 2003; telecom regulatory authority of india act, 1997. 16 inter alia, armed forces tribunal under the armed forces tribunal act, 2007. 17 [1948]. 1 kb223 page 27 of 37 for an aggrieved party. subject to discretion being exercised, ..... legal right relating to environment.25. a reading of the statement of objects and reasons shows that paragraph 4 thereof refers to the national environmental tribunal act, 1995 (net) which provided for strict liability and damages arising out of accidents occurring while handling hazardous substances. in the same context it was ..... as a part of the right to life under article 21 of the constitution in the judicial pronouncement in india. 4.the national environment tribunal act, 1995 was enacted to provide for strict liability for damages arising out of any accident page 11 of 37 occurring while handling any hazardous .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... writ petition was transferred to this bench and is being disposed of by this judgment treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the appellant was enrolled in the army on 29.12.1989 as a craftsman in the corps of eme and had put in almost 16 years of meritorious ..... . 69 committing a civil offence, that is to say, being in possession of a pistol without valid licence, in contravention of section 3(1) of the arms act, 1959, contrary to section 25(1b)(a) of the arms act, 1959 in that he, at mathura, on the night 23/24 mar 2005, was in possession of a country made pistol, without a valid licence ..... . committing a civil offence, that is to say, being in possession of a pistol without valid licence in contravention of section 3(1) of the arms act 1959, contrary to section 25(1)(b)(a) of the arms act 1959, the commanding officer had no jurisdiction, and could not try him and that he could only be tried in the civil court by the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... give the entire retiral benefits including monthly pension as admissible in accordance with law. after establishment of the armed forces tribunal the petition has been transferred to the tribunal in view of the provisions of section 34 of the armed forces tribunal act, 2007. 2. ld. counsel for the petitioner has challenged the order of dismissal on the ground that ..... before the order was passed, no opportunity was given to the petitioner. section 20 of the army act confers power upon the chief of the army ..... pension and gratuity on the basis of his previous service as, admittedly, he stands dismissed in accordance with section 73 read with section 71 of the act. the second question must, therefore, be answered in the negative. regulation 16 of the pension regulations 1961 applies in the case of officers whereas regulations .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... a court of inquiry shall be held in all cases of losses. learned counsel for the petitioner has submitted that in view of section 15(4) of the armed forces tribunal act, 2007, this tribunal shall allow an appeal against conviction by a court martial where the finding of the court martial is legally not sustainable due to any reason whatsoever. here, in this ..... correct as per the ledger. according to him, thereafter, he issued one pistol, one sten and two slrs to the guard and to the persons on duty. after the arms issued, the kotes were locked by him in the presence of the jco. at the time of second parade on the same day, the officiating senior jco asked for ..... the guilt of the petitioner and the burden is always on the prosecution and it never shifts. even in respect of cases covered by section 105 of the evidence act, the prosecution is not absolved of its duty of discharging the burden. the accused may raise a plea of exception either by pleading the same specifically or by relying .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... , (2008) 9 scc 161) 11. moreover, the constitution itself has provision in the form of article 227(4), for specifically excluding high courts power of superintendence and control over this tribunal, which has been created under the armed forces tribunal act, 2007. it reads (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or ..... would have resulted into an unnecessary delay in the proceedings of the court of inquiry. 5. by virtue of section 34 of the armed forces tribunal act, 2007, brought into force w.e.f. 07.08.2009, the petition stood transferred to this tribunal. it was dismissed on merits, by a bench comprising justice manak mohta and lt gen z. u. shah, for the reasons recorded .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... 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 .....
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