Court : Punjab and Haryana
..... counsel for the petitioner and find no merit in the present writ petition. the period of limitation is statutory fixed under the limitation act, 1963 and also under section 22 of the arms forces tribunal act, 2007. the respondents could rely on such statutory provisions as no part of statute could be superseded by an observation in the contempt ..... ble mr.justice hemant gupta hon'ble mr.justice fateh deep singh hemant gupta, j the challenge in the present writ petition is to an order passed by armed forces tribunal, chandigarh regional bench, chandimandir on 13.11.2013 whereby an original application filed by the petitioner for claiming promotion was dismissed for the reason that it is ..... stale claims could not be revived on the basis of an observation that too in a contempt petition. since, the statue bars the remedy, the order of the tribunal cannot be said to be illegal or unwarranted. in view thereof, we do not find any merit in the present writ petition. dismissed. (hemant gupta) judge ( .....
Tag this Judgment!Court : Punjab and Haryana
..... these findings the then plaintiff now petitioner assailed the same before the firs.appellate court of learned district judge. consequent upon enforcement of the armed forces tribunal act, the matter was transferred to the tribunal. it was through the impugned findings, her claim was declined. hence, the petitioner has sought her relief under articles 226/227 of the ..... maze has ended up before this court in this writ petition challenging orders dated 12.9.2011 (annexure p/7) of the armed forces tribunal, chandigarh regional bench, at chandimandir (in short, the tribunal) to assert her claim that she is the legally wedded and widow of tiwana dalbir singh 2014.08.02 10:05 i attest ..... constitution of india by way of writ of certiorari for quashing these orders of the learned civil judge (senior division) and tribunal in which she has challenged the orders dated 10.11.2005 (annexure p/1) whereby the authorities had refused to continue and ordered recovery of family pension .....
Tag this Judgment!Court : Punjab and Haryana
..... in the high court of punjab and haryana at chandigarh cwp no.12923 of 2014 date of decision: 08.07.2014 kanwar bhan ...petitioner(s) versus presiding officer, industrial tribunal-cum-labour court-ii, chandigarh and another ...respondent(s) coram: hon'ble mr.justice g.s.sandhawalia present: mr.naveen daryal, advocate, for the petitioner. g.s. ..... the ahar branch and it was an intermittent appointment. 240 days had not been completed and, therefore, there was no violation of the mandatory provisions of the act. the fact that juniors had been appointed was also specifically denied in the written statement. the labour court had found that since 240 days were not complete, ..... the question of violation of section 25-f of the act would not come into play. counsel for the petitioner has vehemently submitted that since the workman had worked for 92 days, therefore, the provisions of the punjab .....
Tag this Judgment!Court : Punjab and Haryana
..... rise to recurring cause of action. therefore, the bar of limitation in terms of section 21(3) of the act would not be applicable. similar question has been examined by this fact in respect of the armed forces personnel, who have been declined disability pension in the case of ex. naik umed singh versus union of india ..... that the claim of the applicant was declined in the year 2003 but he has approached the tribunal in the year 2011. therefore, his original application is beyond the period of limitation prescribed under section 21 (3) of the administrative tribunal act, 1985. it is also argued that the pay fixation is in terms of circular issued, ..... the high court of punjab & haryana, chandigarh cwp no.27876 of 2013 date of decision: 07.07.2014 bharat sanchar nigam limited and others ....petitioners versus central administrative tribunal and another ....respondents present: - mr.anil rathee, advocate for the petitioners.mr.n.p.mittal, advocate for the respondent no.2. coram: hon'ble mr.justice .....
Tag this Judgment!Court : Punjab and Haryana
..... to disability pension. the union of india preferred regular second appeal before this court and which was transferred to the armed forces tribunal, chandigarh regional bench at chandimandir by virtue of the enactment of the armed forces tribunal act. the tribunal vide its finding dated 16.5.2012 allowed the appeal of the appellant-union of india and set aside the ..... of certiorari for quashing the judgment and decree of the learned trial court dated 2.9.1998 as well as orders dated 16.5.2012 of the armed forces tribunal and further seeking writ of mandamus directing the respondents to grant disability pension to the petitioner. we have heard at length mr.r.a.sheoran, counsel ..... , we hold that the disease is not deemed to have arisen during the service and thus is neither attributable to or aggravated by military service. the learned tribunal has rightly considered it so and there appears to be no illegality and perversity in these findings which needs to be upheld. the writ petition, thus, is .....
Tag this Judgment!Court : Punjab and Haryana
..... 02 15:10 i attest to the accuracy and integrity of this document chandigarh rsa no.3258 of 1984 (o&m) [ 14 ]. ***** (iv) members of the armed forces who in their own name or in the names of their husbands/wives or dependent children do not own a building or building site in india; (v) registered house building ..... ***** authorities in any matter in which they are jointly interested; (x) for regulating the grant of leave of absence, leave allowances and acting allowance to the officers and servants of the trust and of the tribunal; (xi) for establishing and maintaining a provident or annuity fund, for compelling all or any of the officers in the service of the ..... such rules and for supplementing such contributions out of the funds of the trust: provided that a servant of the government employed as officer or servant of the tribunal shall not be entitled to leave or leave allowances otherwise than as may be prescribed by the conditions of his service under the government; (xii) for determining .....
Tag this Judgment!Court : Punjab and Haryana
..... actual damages and no other loss is admissible in a claim under section 168 of the motor vehicles act. therefore, the dismissal of the petition by the tribunal was erroneous and i set aside the same and i hold that the claimant is entitled to the ..... surgeon for treatment of his face. he had also incurred about ` 5,000/- as transport expenses for several visits which he had taken. the tribunal assessed ` 8,000/- as the medical expenses, ` 2,000/- as payment to the doctor and provided for another ` 15,000/- for ..... he could have no such benefit of scaling down the actual expenses incurred by working out any depreciation. if the claimant was forced to make for change to some other parts which had been damaged, he was not fanciful for replacement of old parts for ..... to have been fractured. the doctor, who treated him gave evidence to the effect that there had been some disability in his arm and he would not be in a position to squeeze clothes or screw a nail. he assessed the disability at 4%.3 .....
Tag this Judgment!Court : Punjab and Haryana
..... 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 03.03.2014 whereby an appeal filed by the petitioner under section 15 of the armed forces tribunal act, 2007 (for short the act ) remained unsuccessful. the petitioner was enrolled in army medical corps as a ..... this court. we have heard learned counsel for the petitioner and find no merit in the present writ petition. section 15 of the act confers jurisdiction of the army on the tribunal in respect of any order, decision, finding or sentence passed by a court martial or any matter connected therewith or incidental thereto. the ..... even if the order was not appealable in terms of section 15 of the act, the tribunal had the jurisdiction to entertain the petition in terms of section 14 of the act. it is further argued that even if section 14 of the act is not available, the petitioner has the right to challenge the initiation of .....
Tag this Judgment!Court : Punjab and Haryana
..... , advocate, senior standing counsel for respondents. ****** hemant gupta, j.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 31.07.2012 whereby the claim of the petitioner for grant of disability pension for the injuries suffered by him while on casual ..... and economic justice is thus a fundamental right. . it is also not disputed that during leave, the personnel of armed forces are liable to maintain discipline and are governed by the provisions of the army act, 1950 or the rules framed there under and in a case of any misconduct, liable to be proceeded against. if ..... the personnel of the armed forces are entitled to discipline and control of the army act 1950, the corresponding duty of the armed forces is to take care of their personnel when on leave. it is necessary commitment of the army. with this .....
Tag this Judgment!Court : Punjab and Haryana
..... in case fir no.43 dated 21.02.2014 under sections 323, 341, 353, 506, 295-a, 148, 149, 186 ipc and under section 25 of the arms act registered at police station sultanwind, district amritsar city. the aforementioned fir was registered on the basis of a complaint submitted by sh.a.s.gagrha, advocate, who was ..... concession of anticipatory bail. he had tried to obstruct the complainant in the discharge of his official duties, who stood appointed as local commissioner by the debts recovery tribunal-2, chandigarh for executing warrant of attachment. before going to the actual place where the vehicle in question was parked, he had approached the police officials and pursuant ..... he wanted to stay alive. they also stated that they knew how to handle such like people. the petitioner, alongwith his son manik suri and their companions, forced him to leave from there, otherwise he would have been taken inside and beaten. the complainant was threatened that he would be implicated in a false case if .....
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