Court : Punjab and Haryana
..... regarding jurisdiction of the high court to adjudicate upon a writ petition under articles 226/227 of the constitution of india against an order passed by the armed forces tribunal under the armed forces tribunal act, 2007. it is submitted that in view of articles 136 (2) and 227 (4).besides, article 33 of the constitution of india as well ..... inter alia observed as follows:- we are conscious of the fact that the statutory appeal against such an order is provided under section 30 of the armed forces tribunal act, 2007 ( for short 'the act').however, having regard to the constitution bench judgment of the supreme court in the case of l. chandra kumar etc.v.the union of india ..... as section 13 of the armed forces tribunal act 2007, this court would have no jurisdiction to entertain the petition. on merits it is submitted that the petitioner during his service was awarded five red ink .....
Tag this Judgment!Court : Punjab and Haryana
..... for disability element of pension. we are conscious of the fact that the statutory appeal against such an order is provided under section 30 of the armed forces tribunal act, 2007 (for short the act ).however, having regard to the constitution bench judgment of the supreme court in the case of l. chandra kumar etc.versus the union of india ..... and strain referring to some provisions which we have taken note of above. as a result, impugned order of the tribunal is hereby set aside. consequently o.a.filed by the petitioner before the armed forces tribunal is allowed. however, since the petitioner was boarded out of service in the year 1986 but he approached the court ..... denied and it is this element of pension which he claimed by filing o.a.before the armed forces tribunal, chandigarh, regional bench (for short the tribunal ).this o.a.cwp no.6927 of 2011 -3- is dismissed by the learned tribunal vide its short order dated 14.1.2011 and the entire reasoning is contained in the following passage .....
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..... for the parties, the findings recorded in the impugned order, the following questions were framed: "(a) whether section 254 of the income tax act, 1961 empowers the income tax appellate tribunal to interfere in prosecution proceedings either at the stage of show-cause notice or at any other stage? (b) whether pendency of quantum appeals ..... assessee and the revenue, appeals against penalty and appeals challenging orders passed consequent to an order passed under section 263 of the income tax act, would confer power/jurisdiction upon the tribunal to stay a show-cause notice calling upon the assessee to show-cause why prosecution be not launched?" 12. we have heard counsel for ..... empowers it to stay the proceedings which may result in causing further mischief. " and, thereafter, held as follows: "section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion, the .....
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..... accuracy and integrity of this document high court, chandigarh fao no.818 of 2000 -5- and sales manager in the same establishment. his income as determined by the tribunal is `2000/- p.m.in this case also, future prospects were not taken into consideration while determining the compensation on account of disability. statement of aw1 dr. ..... that his monthly salary was `2000/- is admitted. the argument of the learned counsel for the appellants is that future prospects were not taken into consideration by the tribunal and that the funeral and last rites expenses were also not allowed. the compensation on account of loss of love and affection to the parents was also not ..... tarsem lal respondent no.1 did not possess a valid driving licence?. opr. 4. relief. the trial court while allowing the claim petition under section 166 of motor vehicles act, 1988 granted compensation of `2,40,000/- to the lrs of deceased ram pal. the trial court also allowed `40,000/- as compensation to chander vir injured. .....
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..... filed original application before the armed forces tribunal, which came up for hearing on 02.09.2013. the preliminary issue that arose for consideration of the tribunal was whether the petitioner's oa was within the period of limitation prescribed under section 22 of the armed forces tribunal act, 2007?. the tribunal proceeded on the premise that ..... even if the limitation period were to be counted from the date of communication of letter dated 29.07.2009, yet the petition was hopelessly time barred for having been filed after a period of four years and six months. the tribunal ..... the judgment should be reported in the digest?. --- surya kant, j. (oral) the petitioner impugns the order dated 11.09.2013 passed by the armed forces tribunal, chandigarh region bench at chandimandir, whereby his original application challenging the communication dated 29.07.2009 has been dismissed being barred by limitation. in order to .....
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..... . 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
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..... petition bearing cwp no.3643 of 1994 before this court claiming disability pension. however, the same was transferred to the tribunal on the commencement of the armed forces tribunal act, 2007. the tribunal declined the claim of the petitioner for the reason that the geographical location of the place of posting and the nature ..... of duties do not indicate any circumstances, which may either had the effect of development of the ailment attributable to or aggravated by military service. the tribunal ..... , 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 25.05.2010 declining the claim of the petitioner for grant of disability pension. the petitioner joined indian army on .....
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..... this document chandigarh 2 period of six months prior to the invocation of jurisdiction of the tribunal in view of section 22 of the armed forces tribunal act, 2007 (for short the act ).which prescribes six months of limitation for invoking the jurisdiction of the tribunal. the petitioner is pre 01.01.1996 retiree. consequent to the acceptance of 5th central ..... on the said pay scale. . the special leave petition against the said order was dismissed on 21.11.2008. the said judgment was followed by the armed forces tribunal in many cases, wherein the benefit of recommendations of 5th central pay commission was extended and arrears were ordered to be paid from 01.01.1996 itself. thereafter ..... should be payable only for a period of six months is, thus, set aside. it is held that irrespective of the initiation of proceedings before the armed forces tribunal, the revised pensionary benefits would be payable w.e.f.01.07.2009 or in a case where the proceedings have been initiated prior to 01.07. .....
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..... advocate for respondents no.1 to 3. **** hemant gupta, j.(oral) the challenge in the present writ petition is to an order passed by armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 27.01.2014 whereby an original application filed by the petitioner, inter alia, for quashing para 9 of annexure a-9 of promotion ..... g) 0.5 (h) mention-in-despatches 0.3 the challenge to para 9 of promotion policy dated 04.1.2011 remained unsuccessful before the tribunal for the reason that the gallant acts of the petitioner were given weightage while considering him for promotion from the rank of major to lieutenant colonel and from lieutenant colonel to colonel. the ..... in indian army on 18.06.1983. the petitioner was awarded sena medal (gallantry) for act of exceptional devotion to duty and courage on 26.01.1986. the petitioner was awarded vir chakra for conduct during indian peace keeping force in sr.lanka on 26.01.1991. diwakar gulati 2014.07.26 11:23 i attest .....
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..... which was dismissed by learned trial court vide order dated 14.12.2009 (annexure p-8).during the pendency of appeal, armed forces tribunal act, 2007 came into force and consequently the appeal was transferred to the tribunal. it is the said transfer petition, which has remained unsuccessful. the assertion of the petitioner is that he has not ..... advocate for the petitioner. **** hemant gupta, j.(oral) the 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 21.11.2013 whereby an appeal arising out of a civil suit challenging the discharge of the petitioner and transferred to the ..... year old daughter of the commanding officer came to the officers mess and identified the plaintiff as a person who probably misbehaved with her. the learned tribunal returned a finding that from the statement of the plaintiff, some incident is attributed to him and he is said to have been compelled to sign .....
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