Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 23 procedure and power of the tribunal Court: allahabad Page 1 of about 33 results (0.633 seconds)

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

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 .....

Suresh Kushwaha Vs. Union of India and Others

Court : Allahabad

..... order dated 20.7.2011, considered the petitioner's application. he found that earlier the petitioner's wife had approached the armed forces tribunal, regional bench at lucknow, which was dismissed on 6.1.2011, on the ground of jurisdiction. the armed forces tribunal act has not been conferred jurisdiction to consider the matters of transfer and posting. the petitioner approached the high court at allahabad in ..... grounds through prescribed channel for posting to kolkatta or lucknow, having requisite medical facilities, if declared. 4. the matter was earlier also raised by your wife in the hon'ble armed force tribunal, regional bench at lucknow (oa no. 265/2010), which was dismissed on 06 jan 2010 on the ground of jurisdiction. 5. it is further highlighted that no fresh application was .....

Avadh NaraIn Singh Vs. Additional Superintendent of Police and ors.

Court : Allahabad

Reported in : AIR1960All304

..... a police-station, whether within or without the presidency towns, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman in the armed forces, and acting as such for the purpose of dispersing such assembly, and, if necessary arresting and confining the persons ..... in t. c. basappa v. t. nagappa : [1955]1scr250 the supreme court held that certiorari will issue if the tribunal has acted without jurisdiction or in excess of it. it will also issue if the tribunal acts in flagrant disregard of the rules of procedure or where no particular procedure is prescribed, it violates the principles of natural ..... the petition nor were they argued before me in the form in which they are enunciated above. but in examining the correctness of the findings of a tribunal in quasi-judicial proceedings, this court can, in the interest of justice, take notice of any error which is manifest. the order of the enquiry officer .....

Union of India Through Secretary, Ministry of Defence, New Delhi and O ...

Court : Allahabad

..... 23.2.2011, passed by the additional chief judicial magistrate-vth, court no. 29, lucknow, whereby the petitioners' application for transfer of case for trial to the armed forces tribunal has been rejected on the ground that in the matter the charge sheet has already been filed and the court has taken cognizance of the offences, therefore, now it ..... the central government may make rules consistent with this code and the army act, 1950 (46 of 1950 ), the navy act, 1957 (62 of 1957 ), and the air force act, 1950 (45 of 1950 ), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air ..... judgment is reproduced herebelow:-26.the next question is as to what meaning should be given to the words charged with and tried for an offence under the principal act, occurring in section 5(1) (a). counsel for the appellants contended that the words charged with and tried for an offence would mean that charges had .....

Union of India (Uoi)through General Manager, North Eastern Railway and ...

Court : Allahabad

Reported in : [2006(107)FLR182]

..... persons in respect of whom the act 1985 would not apply as exemption clause under the act which reads as under :-'2. act not to apply to certain persons.- the provisions of this act shall not apply to-(a) any member of the naval, military or air forces or of any other armed forces of the union;(b) {***)(c) ..... grounds. the action of petitioner terminating the services of the answering respondent, while retaining the juniors is wholly arbitrary and violative of section 25g of industrial tribunal act, 1947.'5. the affidavits have been exchanged between the parties and the case was ripped for final disposal, therefore, with the consent of the counsel of ..... the findings of opposite party no. 1 that there is violation of section 25g of industrial disputes act is without jurisdiction. it is further stated that in view of section 14 off he administrative tribunals act, 1985 (in short act 1985), all the service matters including recruitment and termination of services of respondent no. 2 was .....

Constable 3461 Baliram Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2010(1)AWC230

..... immediately being taken away to mortuary and other actions might have happened, which have been defined as misconduct. undoubtedly, they had acted in a very irresponsible manner, not expected of members of a disciplined armed force, but as has been observed by the hon'ble apex court in the case of vishwanath v. union of india (supra ..... c. personnel, who were involved in the same incident have been reinstated in furtherance of the judgment and order passed by the u.p. public services tribunal. the tribunal had given a well considered, reasoned and speaking judgment in their favour taking note of the events, which took place on 9.4.2003 and the ..... counsel for the petitioners has further submitted that four other constables, who had been dismissed from service alongwith the petitioners, had approached the u.p. public services tribunal challenging the order of dismissal, appellate and revisional order by filing claim petition nos. 357/2005, 736/2005, 729/2005 and 653/2005. these claim petitions .....

Aidal Singh and ors. Vs. Karan Singh and ors.

Court : Allahabad

Reported in : AIR1957All414

..... ) of article 227 the high courts have no power of superintendence over eny court or tribunal constituted by or under any law relating to the armed forces. thus the constitution has afforded a protection to the acts of military courts and tribunals. there is no shuch provision in art 226.if the high court in exercise of ..... its power under article 226 can issue writs, directions or orders against military courts or tribunals, the protection afforded to ..... which the high court is empowered to exercise over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. clause (4) of the said article exempts courts or tribunals constituted by or under any law relating to the armed forces from the power of superintendence conferred on the high court under this .....

Jodhey and ors. Vs. State Through Ram Sahai

Court : Allahabad

Reported in : AIR1952All788

..... governor. (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunals constituted by or under any law relating to the armed forces.' 9. a comparison of the above provision of law with analogous provisions of law prior to the constitution of india brings into ..... under the constitution extends to all courts and is not confined to 'subordinate courts' as indicated by the marginal note of section 107, government of india act, 1915. a comparison of the draft constitution with the enacted constitution shows that the marginal notes were inserted under the authority of and with the knowledge of ..... of superintendence was still confined to courts which were subject to its appellate jurisdiction. it could, therefore, be argued that special courts set up under particular acts would fall outside the ambit of the power of superintendence of the high court and were not, therefore, amenable to its jurisdiction with the result that the .....

Sri Madhukar Dwivedi Vs. State of U.P. Through Secretary (Appointments ...

Court : Allahabad

Reported in : 2009(1)AWC1044

..... the expiry thereof.18. indisputably, the 1980 rules do not contain any provision in regard to reservation of vacancies for the demobilized officers of the armed forces of the union of india.19. the 1980 rules defined demobilised officers in the following terms:'demobilised officer' means disabled defence service officer, emergency commissioned ..... the fact and circumstances of that case, the framework of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. expression 'civil consequences' ..... and registration of u.k. v. spackman lord wright observed that it was not desirable to attempt 'to force it into any procrustean bed' and mentioned that one essential requirement was that the tribunal should be impartial and have no personal interest in the controversy, and further that it should give 'a full .....

Commissioner of Trade Tax Vs. J.P. Machines Scooter Division

Court : Allahabad

Reported in : (2008)14VST405(All)

..... this motor scooter being covered by the said list can be sold tax-free through u.p. government employees welfare corporation to the members of the armed force.9. thus, the view taken by the tribunal appears to be correct although reasons recorded by it may be different.in the facts and circumstances of the case and in view of the discussions made ..... has referred to entry no. 18 and its sub-clauses (a) and (b). this entry provides for sale to or purchase and sales of any goods by canteen stores department/military canteens or u.p. government employees welfare corporation to the officers and members of the armed force of india ..... for any exemption with regard to sale made through air force canteen or employees other than those of the state government.6. sri n.r. kumar, the learned counsel appearing for the dealer has placed reliance upon the government notification no. s.t.-2-7037/x--7(23)/ 83--u.p. act xv/48--order-85 dated january 31,1985 and .....