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 : 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 : 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 : US Supreme Court
..... passed on libels in the courts of admiralty in the respective states. that joshua stackpole, a citizen of new hampshire, commander of the armed brigantine called the mcclary, acting under the commission and authority of congress, did, in the month of october, 1777, on the high seas, capture the brigantine susanna as ..... according to the common and partly according to the civil law. we must endeavor to extract a state of the case from the record, documents, and acts which have been exhibited." it appears, that 25 november, 1775, congress passed a series of resolutions respecting captures. these resolutions are as follow: "whereas ..... force, in the execution of which commendable designs it is possible that those who have not been instrumental in the unwarrantable violences above mentioned may suffer unless some laws be made to regulate and tribunals erected competent to determine the propriety of captures. therefore resolved" "1. that all such ships of war, frigates, sloops, cutters, and armed .....
Tag this Judgment!Court : US Supreme Court
..... submitted to the circuit court in october last, and there affirmed. an appeal to the supreme court is still undertemined, but until this opinion is overruled by that tribunal, i hold my self bound to consider it as a law*. i gave a like decision lately, in the case of the schooner nancy, from a full ..... a prosecution was instituted against capt. chabert, or any of the persons concerned in increasing, augmenting, or procuring to be increased or augemented, in the force of the vessel, under the act of june last, but that a conviction must follow. there a penalty of fine and improsonment is cedlared, as a punishment so. a breach of the ..... himself a native frenchman, and citizen of the french republic, in behalf of himself, antonie francois planche, a native frenchman, now resident at philadelphia, owner of the private armed vessel the citizen of marsielles; and in behalf of the officers, mariners, and crew, or persons interested in the said vessel of war, being all french citizens. after .....
Tag this Judgment!Court : US Supreme Court
..... sanguinary incursions of the indians; many lives were lost; and, in the very description of the proviso to the 9th section of the act, every actual settler, or grantee, was 'by force of arms of the enemies of the united states, either prevented from making an actual settlement, or driven from it.' the state of pennsylvania, co ..... courts of justice. but soon after this report was made, a bill was introduced, entitled 'an act,' &c.; which recites the existing controversies, gives a legislative opinion against the claim of the warrantees, and institutes an extraordinary tribunal, to hear and decide between the parties. the appearance of this bill produced two remonstrances from the ..... is to be remembered, likewise, that the board of property is established expressly as a tribunal, to advise and regulate the proceedings of the land office; and a mandamus ought not to issue to any of the ministerial officers, requiring an act to be done, which the board has prohibited. 2 state laws, 21. 3 state .....
Tag this Judgment!Court : US Supreme Court
..... which has been pursued. america did remonstrate, most earnestly remonstrate to france against the injuries committed on her; but remonstrance having failed, she appealed to a higher tribunal, and authorized limited hostilities. this was not violating the law of nations, but conforming to it. in the course of these limited hostilities, the amelia has been ..... neutral merchant vessel which shall be recaptured from a belligerent shall be discharged without salvage, as it is presumed that she would have been discharged by the tribunals of the captors. but if the laws and practices of a particular belligerent subject all neutral vessels captured by her cruisers to condemnation, the general usage and ..... the laws of war, so far, as they are applicable, will be in force. a neutral vessel captured by a french vessel of war and armed and manned by the captors was liable to capture by the armed vessels of the united states, under the act of congress of 28 may, 1798, but such a vessel, after capture, .....
Tag this Judgment!Court : US Supreme Court
..... a military officer to bring up the body of james alexander, an attorney at law at new orleans, who, as it was said, had been seized by an armed force under the orders of general wilkinson and transported to the city of washington. the order of the court below for their commitment was in these words: "the prisoners, ..... have been committed, had been provided by congress, and at the place where the prisoners were seized by the authority of the commander in chief there existed such a tribunal. it would, too, be extremely dangerous to say that because the prisoners were apprehended not by a civil magistrate, but by the military power, there could be ..... evince the fact. after stating himself to have passed through new york and the western states and territories without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be, "to carry an expedition into the mexican provinces." this statement may be considered as .....
Tag this Judgment!Court : US Supreme Court
..... of the court passing the sentence. for example, in every case of a foreign sentence condemning a vessel as prize of war, the authority of the tribunal to act as a prize court must be examinable. is the question whether the vessel condemned was in a situation to subject her to the jurisdiction of that court ..... broken the bond which connected her with the parent state, had declared herself independent, and was endeavoring to support that independence by arms. france still asserted her claim of sovereignty, and had employed a military force in support of that claim. a war de facto then unquestionably existed between france and st. domingo. it has been argued ..... that the colony, having declared itself a sovereign state and having thus far maintained its sovereignty by arms, must be considered and treated by other nations .....
Tag this Judgment!Court : US Supreme Court
..... the jurisdiction of the courts of the union is placed by the constitution in the several state legislatures, then this act concludes the subject; but if that power necessarily resides in the supreme judicial tribunal of the nation, then the jurisdiction of the district court of pennsylvania over the case in which that jurisdiction was ..... in the cause does establish the facts in the cause without reexamination or appeal. and therefore the verdict of the jury still standing, and being in full force, this court cannot issue any process, or proceed in any manner whatsoever contradictory to the finding of the said jury. and therefore doth now decree, order and ..... jersey. on the 8th of september, when in sight of that harbour, they were pursued and forcibly taken possession of by captain thomas houston, commander of the armed brig convention, belonging to the state of pennsylvania, and, on the 15th of september, brought into the port of philadelphia, when houston libelled the vessel as prize .....
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