Court : Allahabad
..... i of the said act deals with preliminaries; section 1 proceeds to deal ..... the supreme court. the armed forces tribunal bill received the assent of the president on 22.12.2007 and was known as the armed forces tribunal act, 2007 (55 of 2007).15. after the armed forces tribunal act has been introduced and the armed forces tribunal has been established, the scheme and salient features of the act are being looked into:chapter ..... qua army personnel were pending in court for long time, and in order to provide one speedy forum for judicial review, the provisions of armed forces tribunal act has been introduced, wherein provisions has been made for adjudication of dispute of such service matters by bench, comprising of one judicial member and .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... do hold, that the armed forces tribunal, under the scheme of armed forces tribunal act, 2007, read with the armed forces tribunal (procedure) rules, 2008, cannot take resort to limitation act, 1963, for the purpose of condoning delay in making an application for review. 39. in short, an armed forces tribunal does not have, under the scheme of the armed forces tribunal act 2007 read with armed forces tribunal (procedure) rules, 2008 ..... , by the authorities concerned. 5. the petitioner had put to challenge, by way of an original application, made under sections 14 and 15 of the armed forces tribunal act, 2007, in the regional bench, guwahati, the legality, validity and sustainability of the court of inquiry, the charge-sheet, which had been issued to ..... though there can be no doubt that in the light of the provisions of section 14(4)(f) of the armed forces tribunal act, 2007, (in short, aft act), the aft does have the power to review its own order, an aft cannot review, in the face of rule 18 of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... to armed forces tribunal, regional bench at lucknow, under section 34(2) of the armed forces tribunal act, 2007 and renumbered as t.a.no.898 of 2010 before the armed forces tribunal, regional bench at lucknow. thereafter, on petition by the applicant, from the armed forces tribunal, principal bench at new delhi, the same was transferred to this armed forces tribunal, regional bench, chennai on the point of jurisdiction under section 27 of the armed forces tribunal act 2007 ..... the applicant has not exhausted the statutory remedy available to him under section 164(2), after the armed forces tribunal act 2007 came into force, the appeal power against the verdict of the dcm and all court martials have been vested with this tribunal under section 15 of the armed forces tribunal act 2007. under such circumstances, we hold that the impugned order of dcm against the applicant/appellant is .....
Tag this Judgment!Court : Supreme Court of India
..... came up before this court. in the above context, this court also examined the question as to whether after coming into the force of the armed forces tribunal act, 2007, it shall be the armed forces tribunal which shall deal with the controversy or the high court has jurisdiction under article 226 of the constitution of india. the judgment ..... and we are of the opinion that as per section 2 read with section 13 3(o) of the armed forces tribunal act, 2007, this tribunal has limited jurisdiction to deal with the service conditions of the army act and rules, but, the present case, which relates to non-selection of the petitioner by the drdo for ..... shri sandeep sethi, learned additional solicitor general submits that the claim raised by the appellant before the armed forces tribunal is not covered by the definition of the service matter as defined in section 3(o) of the armed forces tribunal act, 2007. he submits that denial of permanent secondment was made by dgqa selection board. no order was .....
Tag this Judgment!Court : Supreme Court of India
..... as to the maintainability of an appeal before this court against a final decision and/or order of the armed forces tribunal arises for consideration in these two appeals that purport to have been filed under section 30 of the armed forces tribunal act, 2007.2. the question precisely is whether an aggrieved party can file an appeal against any such ..... provide that an appeal shall lie to this court using words different from those that have been used in sections 30 and 31 of the armed forces tribunal act.15. it follows that the question whether an appeal lies to the supreme court and, if so, in what circumstances and against which orders ..... final decision or order of the tribunal under section 30 of the act aforementioned before this court without taking resort to the procedure prescribed under section .....
Tag this Judgment!Court : Supreme Court of India
..... as to the maintainability of an appeal before this court against a final decision and/or order of the armed forces tribunal arises for consideration in these two appeals that purport to have been filed under section 30 of the armed forces tribunal act, 2007.2. the question precisely is whether an aggrieved party can file an appeal against any such ..... provide that an appeal shall lie to this court using words different from those that have been used in sections 30 and 31 of the armed forces tribunal act.15. it follows that the question whether an appeal lies to the supreme court and, if so, in what circumstances and against which orders ..... final decision or order of the tribunal under section 30 of the act aforementioned before this court without taking resort to the procedure prescribed under section .....
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 : Delhi
..... page 1409. therefore we will accordingly consider modulating the relief after considering the case on the merits.4. so far as the relief on merit was concerned, the armed forces tribunal observed as follows:6. it is admitted position that petitioner when recruited in indian army, he was under an obligation to serve 9 years as regular service and ..... to cunt 6 years reserve service. the respondents are bound by principle of promissory estoppels, that once they made a representation and asked the other party to act on it and petitioner has served for 9 years as regular service and kept him in reserve service for 6 years, they cannot wriggle out of this on ..... maximum to the extent of one year.5. the petitioner before us has pleaded facts which are similar to those placed by sh. sadashiv haribabu nargund before the armed forces tribunal. given the similarity of the facts and the identity of the objection raised, it would appear that the petitioner would have been entitled to the same relief.6 .....
Tag this Judgment!Court : Supreme Court of India
..... the case of the respondent in the light of the judgment of the tribunal. the tribunal also awarded costs to the respondent which were quantified at rs.5 lakhs. (s) the appellants thereafter approached the armed forces tribunal under section 31 of the armed forces tribunal act, 2007 seeking leave to appeal to this court. the application was however ..... respondent and civil appeal (diary no.40312/2017) no.5973 of 2018 judgment uday umesh lalit, j.these appeals question the following judgments and orders passed by the armed forces tribunal, regional bench, lucknow. (a) civil appeal no.11009 of 2017 is directed against the judgment and order dated 17.01.2017:2. (b) civil appeal ( ..... outstanding 7 01x may promote below average to average e reprimand dec 91 army act section 39 (absence without leave) (p) the respondent challenged the decision of no.3 selection board by filing oa no.104 of 2017 before the armed forces tribunal, regional bench, lucknow. when civil appeal no.11009 of 2017 was taken .....
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