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 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 : Delhi
..... demitting office on the 23rd of february 2011. therefore, on the 23rd of february 2011, he had filed a petition being o.a.no.81/2011 before the armed forces tribunal under section 14 of the armed forces tribunal act, 2007 for quashing the order directing him to demit office in the afternoon of 23rd february, 2011 as he has attained the age of superannuation. lieutenant general ..... of administrative discretion by the respondents. it is also necessary to bear in mind that this court is considering a challenge to an order passed by the armed forces tribunal in exercise of its jurisdiction under the armed forces tribunal act, therefore, exercise of statutory discretion. in this regard, reference requires to be made to binding judicial pronouncements of the supreme court of india which would guide .....
Tag this Judgment!Court : Delhi
..... 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 Principal Bench New Delhi
..... 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 Principal Bench New Delhi
..... to undergo rigorous imprisonment for three months and dismissal from service. the writ petition was transferred to this tribunal after its formation 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 joined the indian army in 1978 and was posted to the asc as an ..... the coas to convert the sentence of dismissal to discharge and it was advantageous to the appellant. lastly, considering the necessity of upholding the requirement of discipline in the armed forces, the sentence given by the scm was not shockingly disproportionate. the respondents also clarified that action had also been taken against the jco, nb sub raghu nath, who ..... the delhi high court in lnk gurdev singh v. union of india (w.p (c) no. 776 of 1995 dated 1.2.2008), which was followed by this tribunal in ex. nk. subhash chand v. union of india and others (t.a no. 723 of 2009 dated 27.4.2010). the observations made by delhi high court .....
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 prosecution case, in a nutshell, is: on posting to 2 signal training centre for instructional duties, the appellant joined on 3.2.1992. on 28.10.1993 ..... pw 1 was recruited by paying illegal gratification. 8. before analysing the evidence, it would be useful to answer the point whether the recruitment of pw 1 to the armed forces allegedly by bribes is a ground to reject his testimony and the evidence of other witnesses? be it noted, the appellant took this stand for the first time when he ..... he, at margao, on 28 october 1993, at about 1930 hours, with indecent intent got himself masturbated from no nya recruit udai bhanu of the same regiment. second charge army act sec. 46(a) disgraceful conduct of an indecent kind, in that he, at margao, on 30 october 1993, at about 0930 hours, with indecent intent kissed and embraced no .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... with section 354 of the indian penal code and sentenced to be dismissed from service. the writ petition stood transferred to this tribunal and was treated to be an appeal under section 15 of the armed forces tribunal act 2007. 2. the allegation against the appellant is that while serving as a doctor in the dental corps of the indian army ..... at shillong, he committed a civil offence using criminal force to four women with intent to outrage their modesty. a charge sheet on ..... him to stand beside her since the appellant had misbehaved with her. 6. pw 4 sandhya thapa has categorically stated that the appellant used criminal force on her by caressing her fore-arms, breasts and private parts near thighs, which is corroborated by the evidence of pw 5, to whom she narrated the incident soon after the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... ) under article 226 of the constitution of india was brought before the delhi high court. the same was transferred to this tribunal on 11 sep 2009 and was treated as an appeal under section 15 of the armed forces tribunal act 2007. the appellant has prayed for setting aside of the order of conviction, sentence of one year ri and dismissal from ..... heard the arguments and perused the sgcm proceedings. the goc 28 inf div was competent authority to order sgcm of the appellant under army act section 112 b as he was the officer commanding the forces in the field on active service. 16. no prejudice was caused to the appellant by amending the original charge sheet served on the ..... civil dress are an operational necessity. 12. the sgcm was convened by the competent authority, that is goc 28 inf div under army act section 112 (b) as he was the officer commanding the forces in field on active service. the appellant was tried by sgcm between 4 -17 oct 95 and comprised of 6 officers who were not .....
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