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 : Guwahati
..... includes a regiment, corps, ship, detachment, group, battalion or company,(b) 'court-martial' includes any tribunal with the powers similar to those of a court-martial constituted under the relevant law applicable to the armed forces of the union.(2) every magistrate shall, on receiving a written application for that purpose by the commanding ..... constitution which confers power on parliament to modify any fundamental right in its application to the members of the armed forces, it is to enable the operation and application of section 127 of the act that rule 7(1) of the criminal courts and court martial (adjustment of jurisdiction) rules, 1978 requires ..... military station, requesting transfer of lakhipur police station case no. 73/2005 aforementioned to the army authorities for trial of the accused-petitioner under the army act. by order, dated 5-3-2007, aforementioned, learned chief judicial magistrate, cachar, silchar, allowed the said application and directed that the case record be .....
Tag this Judgment!Court : Guwahati
..... of superintendence of the high court concerned. this power of superintendence, however, excludes the courts or tribunals, constituted by or under any law, relating to the armed forces. thus, every court and tribunal, except those courts and tribunals relating to armed forces, functioning under the territorial jurisdiction of a high court, is under the high court's power ..... invoked in a case, where the grievance is only as regards the quantum of compensation, particularly, when there was no accusation or material that the claims tribunal had acted arbitrarily, for, the court, in bina bhattacharjee (2006 aihc 64) (supra), pointed out that even an erroneous decision, in absence of any other ground ..... , rendered in rejina begum (supra) and followed in gauri roy (deb) (supra), is correct to the effect that when a claims tribunal acts without jurisdiction, i.e., by assuming jurisdiction, where no such jurisdiction exists, or refuses to exercise jurisdiction, where the jurisdiction exists, or .....
Tag this Judgment!Court : Guwahati
..... the governor.(4) nothing in the article shall be deemed to confer on a high court powers of superintendence over any court of tribunals constituted by or under any law relating to the armed forces.6. a bare perusal of the above provision manifestly demonstrate that no power to exercise writ jurisdiction has ever been vested by article ..... the writ jurisdiction under article 226 and supervisory jurisdiction under article 227 are separate and independent, perhaps the petitioner may have lost sight of this aspect and has acted casually in seeking relief under article 227 to attract the writ jurisdiction.10. mr. roy, learned counsel for the petitioner, at this stage, has submitted that ..... at present pending for disposal in the court of learned civil judge (senior divn.) no. 3 at guwahati be stayed in the interest of justice.andfor this act of kindness, the petitioner as in duty bound shall ever pray.4. in the backdrop of the above factual position as regards seeking relief under article 227 of .....
Tag this Judgment!Court : Guwahati
..... that the central government may make rules consistent with the code of criminal procedure and the army act, navy and the air force act and other law relating to the armed forces of the union, for the time being in force. he also contended that when cognizance of offence can be taken by an ordinary criminal court as ..... bodies appointed by a military officer from amongst his subordinates. they have always been subject to varying degrees of 'command influence'. in essence, these tribunals are simply executive tribunals whose personnel are in executive chain of command. frequently, the members of the court-martial must look to the appointing officer for promotions, advantageous assignments ..... to the effect that the court-martial like gsfc is not a court at all rather an ad hoc body of the military force or adjudicative authority or administrative tribunal without any judicial experience.25. court-martial is a military court convened under the authority of the government or empowered by law held .....
Tag this Judgment!Court : Guwahati
..... of all to the scheme of the act. the act is called the central reserve police force act, 1949, and section 3 thereof lays down the constitution of the force. according to this section there shall continue to be an armed force maintained by the central government and called the central reserve police force and the force shall be constituted in such pay, ..... of india had been denied to the concerned government employee (delinquent). the similar view is also taken by this court (division bench) in pt. rajyamalla buzarbaruah v. assam administrative tribunal, and ors. reported (1983) 1 glr (noc) 71 : (1983 lab ic 1839). the apex court in dr. rash lal yadav v. state of bihar and ors., ..... a great extent on the facts and circumstances of that case, the framework of the law under which the enquiry is held and the constitution of the tribunal or body of persons appointed for that purpose. whenever a complaint is made before a court that some principle of natural justice had been contravened the court .....
Tag this Judgment!Court : Guwahati
..... the impugned orders in view of the provision under article 227(4), which confers no power of superintendence on the high court over any court or tribunal constituted by or under any law relating to armed forces. according to mr. choudhury, the order dated 7.3.05, passed by a learned single bench in wp (c) no. 9 (k) ..... of 2002 is nonest inasmuch as it exercised power of superintendence over a court martial constituted under the army act, 1950, which is specifically barred under article 227( ..... said 'chacha' for safai raj kumar, the petitioner, in my considered opinion, facilitated and intentionally aided the commission of the offence under section 20(b) of the ndps act, 1985 and the petitioner abetted the commission of said offence under section 109 ipc. the abetment may be by instigation, conspiracy or intentional aid as provided in the three .....
Tag this Judgment!Court : Guwahati
..... to which it exercises jurisdiction. every h. c. therefore, has got powers of superintendence over all cts. & tribunals functioning within the limits or its territorial jurisdiction, except cts. or tribunals constituted by or under any law relating to the armed forces. under section 107, govt. of india act, the powers of superintendence could be exercised only over cts. subject to the appellate jurisdiction of the ..... h. c. under article 227 this is not the case. ail cts. & tribunals, even if they are not subject to the .....
Tag this Judgment!Court : Guwahati
..... the senapati district of manipur, hereinafter referred to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. 14, 19(1), 21, 22, 23, 25 as well as other constitutional and ..... whole or any part of the state or union territory to be a disturbed area.' by section 4 of the armed forces (assam and manipur) special powers (amendment) act, 1972 (act no, 7 of 1972) for section 3 of the principal act, the following section was substituted, namely : '3. if, in relation to any state or union territory to ..... by him in the exercise and performance of those powers and duties. provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61 : provided further that nothing in this clause .....
Tag this Judgment!Court : Guwahati
..... to the case of even an army personnel, for, there is nothing, in the law, that the protection, given in the ndps act, are not applicable to the members of the armed forces. logically, therefore, when the evidence act is applicable to the proceedings of a trial by a sfc, it is but natural to interfere, and, in fact, we ..... part of overall mechanism by which the military discipline is preserved. it is for the special need for the armed forces that a person subject to army act is tried by court-martial for an act which is an offence under the act. court-martial discharges judicial function and to a great extent is a court where provisions of evidence ..... in court-martial proceedings. at any rate it cannot be higher than the jurisdiction of the high court exercised under article 227 against an order of an inferior tribunal. this being the parameter for exercise of power of judicial review against the findings of a competent authority in court-martial proceedings, and applying the same to .....
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