Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 23 procedure and power of the tribunal Court: kolkata Page 1 of about 48 results (0.089 seconds)

Prabhudatta Pattnaik Vs. Union of India Through the Secretary and Othe ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

sadhankumar gupta, member (judicial) 1. initially, the writ petition was filed before the honble orissa high court by the applicant. it was subsequently transferred to this tribunal, as per provisions of the armed forces tribunal act, 2007 and re-numbered as ta 194 of 2010. 2. the case of the applicant is that he entered into the military service on 7.3.87 and was discharging ..... not allowed to cross-examine the witnesses, nor was he afforded any opportunity to produce evidence on his side. on the contrary, the applicant has claimed that he was compelled/forced to sign some papers, which were converted to be the statement of defence of the applicant and on the basis of that, the finding of guilt was passed by the .....

Md NasiruddIn Sk Vs. the Union of India, Service Through the Secretary ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

sadhankumar gupta, member (judicial) initially, the writ petition was filed before the honble high court at calcutta. thereafter, due to the advent of the armed forces tribunal act, 2007, the said writ petition was transferred to this bench by the order of the ld. single judge of the high court and it was re-numbered as ta 77 ..... pension, opinion of the medical board should normally be final and must be accepted provided, of course, there is clear evidence to the effect that the medical board did not act properly. so far as the applicant is concerned, it appears that he was placed before the medical board and such board gave its opinion, which is in the record. it .....

Shishupal Roy Vs. Union of India, Service Through the Secretary and Ot ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... the honble high court at calcutta praying for grant of medical disablement pension and other reliefs. subsequently, the said writ petition was transferred to this tribunal in view of the provisions of armed forces tribunal act, 2007. 2. in brief, the case of the applicant is that he was enrolled in the indian army as a sepoy on 29.1. ..... to us, is not at all desirable and is not permissible in the eye of law. to our mind, the present application is very much maintainable before this tribunal, as the concerned authorities failed to discharge their legal obligation in this respect, by way of keeping the appeal pending for more than five years. 12. be that ..... may, the applicant has produced the copy of the medical boards opinion, which, according to him, was obtained by way of collecting information under the right to information act, 2005. ld. advocate for the respondents did not dispute the authenticity of such documents, which are xerox copies of the originals. as such, we perused the medical .....

Lieutenant Colonel C. K. Agarwal Vs. Union of India and Ors.

Court : Kolkata

..... bench to decide as to whether intra court appeal under clause 15 of the letters patent could be included within the meaning of section 34 of the armed forces tribunal act, 2007 for being transferred to the tribunal. . in the light of above reference, this came up for consideration before the larger bench. we have heard learned counsel, sri pradip tarafdar for the appellant and ..... bench, division bench opined, since union of india had set up a tribunal to deal with disputes including service matters pertaining to armed forces personnel, in the light of section 34 of the armed forces tribunal act of 2007 (for short hereinafter referred to as aft act of 2007), whether the matter needs to be transferred to armed force tribunal or could be decided by this court. in this regard, the .....

Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... writ jurisdiction under article 226 of the constitution of india praying for quashing of such notice. said writ petition was transferred to this tribunal by the order of the high court as per provisios of the armed forces tribunal act. 14. at the very outset let us consider the technical objection, as taken in the rejoinder. it appears that in the rejoinder ..... 2 to 8 of the show cause notice were placed before the chief of the army staff, then he formed the opinion that continuation of the petitioner in the armed forces was not desirable which resulted in issuance of show cause notice. there is no dispute that the chief of the army staff has such power to issue such ..... iman of the same regiment, by putting his hand above her bre. intending thereby to outrage her modesty. (b) second charge army act sec. 69 committing a civil offence, that is to say, using criminal force to a woman with intent to outrage her modesty,contrary to section 354 of the indian penal code in that he, at field, during .....

Sri Nripati Bhusan Sengupta Vs. Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... 1. originally writ petition no. 8970 of 2009 was filed by the petitioner before the honble high court at calcutta. however, since the coming into operation of the armed forces tribunal act, said writ petition was transferred to this bench for disposal and same has been renumbered as t a no.7 of 2010. 2 case of the petitioner is that he ..... preferred to take advantage of the ignorance of the candidates in respect of the legal position. the defence ministry is the guardian of all the members of the armed forces and it is expected that they will take benevolent steps in favour of jawans and others so that they should not be deprived of their legitimate claim. if ..... month and as such there cannot be any limitation in this respect. in support of his contention he has relied upon the decision passed by the central administrative tribunal, hyderabad bench wherein it has been held that the claim for pensionary benefit is a continuous cause of action and as such the question of limitation does not .....

Asim Majumdar Vs. Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... ) 1. originally writ petition no. 897l of 2009 was filed by the petitioner before the honble high court at calcutta. however, since the coming into operation of the armed forces tribunal act, said writ petition was transferred to this bench for disposal and same has been renumbered as t a no.13 of 2010. 2. case of the petitioner is that ..... preferred to take advantage of the ignorance of the candidates in respect of the legal position. the defence ministry is the guardian of all the members of the armed forces and it is expected that they will take benevolent steps in favour of jawans and others so that they should not be deprived of their legitimate claim. if ..... month and as such there cannot be any limitation in this respect. in support of his contention he has relied upon the decision passed by the central administrative tribunal, hyderabad bench wherein it has been held that the claim for pensionary benefit is a continuous cause of action and as such the question of limitation does not .....

Dr. Banipada Saha Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1995)1CALLT337(HC),99CWN455

..... to any member of the naval, military or air forces or of any other armed forces of the union. since the petitioner ..... the central administrative tribunal is however not acceptable. it is true that the petitioner is an ips officer but he has been working in the railway protection force which is declared to be an armed force of the union and the section 2 of the administrative tribunals act, 1985 clearly provides that the provisions of the act shall not apply ..... 113 officers in between shri rudra and the petitioner.3. it may be mentioned here that the railway protection force has been constituted under the railway protection force act, 1957 and it has been declared to be an armed force of the union. prior to 1983 there was only one post of inspector general, r.p.f. wherein .....

Sri Milan Kanti Mondal Vs. Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... for condonation of delay and we think that such prayer should be rejected. in the result, the application praying for condonation of delay, as filed under section 22 of the armed forces tribunal act 2007, stands dismissed on contest but without cost. consequently the transfer application is also not admitted and same is also dismissed. ..... the application filed under section 22 of the armed forces tribunal act (hereinafter called the act) praying for condonation of delay, as well as the objection filed against it are taken up today for passing order . in the application under section 22 of the act the applicant has stated that consequent to a court martial proceeding, that was initiated against him, he was found guilty and the .....

Syed Amirul Islam Vs. Union of India Service Through the Secretary, De ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... judgment. the applicant filed an application before the honble calcutta high court and the said application, subsequently was transferred to this bench, in view of coming into operation of the armed forces tribunal act, 2007. 2. the facts as stated in the application are that the petitioner was enrolled in service permanently in the year 1999. on 03-09-2007, the petitioner received show .....