Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 23 procedure and power of the tribunal Page 10 of about 2,512 results (1.819 seconds)

K.S Tiwari Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... so as to made consequential recommendation for reinstatement of the petitioner. subsequently the case was transferred to this tribunal on its formation and is being disposed of, treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the facts giving rise to this appeal, in brief, are: the appellant joined the ..... as the cause of action. a prayer is made for quashing the rejection of representation and for grant of the relief claimed in the representation. the tribunals/high courts routinely entertain such applications/petitions ignoring the huge delay preceding the representation, and proceed to examine the claim on merits and grant relief. in ..... that it is regarding a live claim, courts should desist from directing consideration of such claims. it further held at paragraph 9 thus: 9. the courts/tribunals proceed on the assumption, that every citizen deserves a reply to his representation. secondly, they assume that a mere direction to consider and dispose of the .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... to (i) undergo rigorous imprisonment for one year and (ii) to be cashiered. on formation of this tribunal, the said writ petition was transferred to this bench and treated it as an appeal under section 15 of the armed forces tribunal act, 2007. 2. at the outset, learned counsel for the appellant has submitted that the appellant was falsely ..... itself would not stand. 3. on the other hand, learned counsel for the respondents has submitted that the appellant was not competent to do so and had acted beyond jurisdiction for procurement of government stores at his own discretion unless duly approved by ce, lucknow zone. the appellant manipulated the laid down instructions in the ..... statement of the accused under section 313 of the code of criminal procedure can be the sole basis for conviction. the statement of the appellant under army act section 58 does not demolish the prosecution version. 12. it has further been argued by learned counsel for the appellant that non-mentioning of the sop dated .....

Bhagwan Bajirao Bhargude and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR215; 2005(1)BomCR40; 2004(4)MhLj1010

..... law practitioners' case (supra).27. the amending act is also liable to be struck down on yet another ground. under article 227(1), every high court has superintendence over all courts and tribunals within its territorial jurisdiction, except those which are constituted under a law relating to armed forces. this includes the power to call returns from ..... as the state could not become arbiter in its own cause. on the commencement of bombay revenue tribunal act, 1957 (for short 'the act of 1957'), the act of 1937 was repealed. the act of 1957 was intended to constitute a tribunal for the state of bombay to invest with jurisdiction to entertain appeals and revise decisions in certain ..... is the basic feature of the constitution but also dilutes the importance of the work the tribunal has so far been carrying out.22. the bombay revenue tribunal regulations, 1958 made under the act of 1958 have continued to remain in force by virtue of section 329(2) and section 336 of the code. these rules make .....

C.S.Dinesh Babu Vs. the Union of India

Court : Kerala

..... vinod chandran wednesday, the 23rd day of january 2013 3rd magha 193 op(aft).no. 307 of 2013 (z) --------------------------- against the order/judgment in oa.62/2010 of armed forces tribunal,regional bench,kochi dated petitioner(s)/applicant in oa: --------------------------------- c.s.dinesh babu, aged 6 years ex-hav.no.6633559,residing at prasanna hut puthenchantha,varkala,varkala.p.o ..... quarters,dho p.o.,new delhi-1.4. the chief record officer, asc records & supply,bangalore-560 007. r by sri.p.parameswaran nair,asg of india this op (armed forces tribunal - art.227) having come up for admission on 23-01-2013, the court on the same day delivered the following: op(aft).no. 307 of 2013 (z) ..... a6 dated 18-01-1999. annexure a6 order found the petitioner dis-entitled for pension for reason of his having been dismissed under section 20(3) of the army act for reason of being a deserter, on 15-10-1980. that order was challenged earlier before this court in o.p.no.34267/2000, which was rejected by .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

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 .....

S.B. Dogra Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Reported in : JT1992(5)SC667; (1993)IILLJ807SC; 1992(2)SCALE642; (1992)4SCC455; [1992]Supp1SCR825; 1993(2)SLJ167(SC)

..... first time in 1983 after his name was dropped from the select list of 1982. had the writ petition been disposed of before the central administrative tribunals act, 1985, came into force, it would perhaps have met the same fate of dismissal as writ petition no. 280/78 and l.p.a. no.18/81. but that ..... given seniority in the civil post only for the actual period of service rendered in armed forces during the period of emergency i.e. between october 26, 1962 and january 10, 1968. following the above view of this court the tribunal held that s.b. dogra could not be given benefit of seniority for more than ..... not clear the himachal pradesh state service examination. however, he succeeded in the second attempt in 1975 and was appointed against the vacancy reserved for 'demobilised armed forces personnel' under the demobilised armed forces personnel (reservation of vacancies in the himachal pradesh state non-technical services) rules, 1972 (as amended in 1974), (hereinafter called 'the 1972 rules') .....

Ashit Kumar Mishra vs.union of India & Ors

Court : Delhi

..... matter' as defined in section 3 (o) of the armed forces tribunal act, 2007 (act). the petitioners have an alternative remedy as per the act and should move the armed forces tribunal (tribunal) for relief.5. the act, i.e. armed force tribunal act, notified with effect from 15.06.2008, is an act which provides for adjudication of disputes and complaints in respect ..... that the present writ petition filed by the petitioner is not maintainable, as the grievance raised falls under section 14 of the armed forces tribunal act, 2007 and the armed forces tribunal is the court of first instance and competent to adjudicate upon the matter. wp(c).no.7219/2016 & connected matters page 11 ..... judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including the armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india. (ii) the jurisdiction of the .....

Lt.R.P.Yadav Vs. Union of India and Anr.

Court : Delhi

..... . aggrieved by the same, the petitioner has approached this court by and under w.p.(c) no.4336/2003 challenging the administrative discharge.7. with the promulgation of the armed forces tribunal act and the constitution of the tribunal, the writ petition stood transferred to the tribunal where it was renumbered as t.a. no.73/2010, and the same is still pending disposal before the ..... are constrained to think that we should say some-thing about the order of the tribunal. section 14 of the armed forces tribunal act, 2007 occurs in chapter iii of the said act and deals with jurisdiction, powers and authority of the tribunal in service matters. under subsection (5) of section 14 the tribunal is required to decide both questions of law and facts that may be raised .....

“In View of the Judgment of Hon’ble Supreme Court in Madan Vs. Uni ...

Court : Punjab and Haryana

..... . ms.kamla malik, advocate, for the respondents. hemant gupta, j. challenge in the present writ petition is to an order passed by the armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 27.01.2014, whereby an original application filed by the petitioner for quashing the orders dated 15.11.2006 and 24.12.2002 rejecting ..... lis, as any claim for money could be lodged only within three years from the date right to recovery arises in terms of article 137 of the limitation act, 1963. therefore, we find that the claim of disability pension cannot be declined for the reason that it was not raised within three years of discharge from the ..... 7428 of 2014 4 petitioner shall be entitled to arrears of pension for a period of three years prior to the initiation of proceedings before the armed forces tribunal. (hemant gupta) judge2307.2014 (ajay tewari) vimal judge kumar vimal 2014.07.31 15:36 i attest to the accuracy and integrity of this document chandigarh

Depinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... of this document punjab and haryana high court, chandigarh cwp no.9175 of 2013 - 2- ordered by the learned tribunal in view of provisions of section 16 of the armed forces tribunal act, 2007. the order of the learned tribunal has been assailed to the limited extent that re-trial of the petitioner had been ordered. heard learned counsel for the ..... the interests of justice require that an order under this section should be made .a perusal sub section (2) of section 16 of the armed forces tribunal act shows that the learned tribunal has the power of quashing a conviction, to make an order authorizing the appellant to be re-tried by court-martial, but shall only ..... from the stage the default was detected. besides, rule 16 (2) of the armed forces tribunal act, 2007 provides for re-trial where it appears to the tribunal that the interests of justice requires. this has specifically been recorded in the order of the learned tribunal, which is subject matter of the sunder sham 2013.10.05 11:48 i .....