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 : Supreme Court of India
..... to be dismissed vide second impugned order dated 22nd december 2020. 3.12. being aggrieved thereby, the present statutory appeals have been filed under section 22 of the national green tribunal act, 201011.4. we have heard shri a.n.s. nadkarni, learned senior counsel appearing on behalf of the appellant in ca nos. 258- 259 of 2021, shri k. ..... from the date of notification of the 2016 rules.10. shri nadkarni further submitted that the provisions as regards the buffer zones around waste processing and disposal facility came into force in 2017 and as such, would not apply to a plant which was conceived, set up and became 13 hereinafter referred to as the 2016 rules . 11 functional ..... the seiaa and the commencement of the gpp all have taken place prior to 8th april 2016 i.e. the date on which the 2016 rules came into force. as such, we hold that the learned tribunal has grossly erred in observing that the gpp in question was covered by the 2016 rules.35. the next finding of the learned .....
Tag this Judgment!Court : Supreme Court of India
..... by the high court of punjab & haryana in cwp no.20380 of 2012. under the said order, the high court has set- aside the order passed by the armed forces tribunal, chandigarh1, which has dismissed the appeal of the respondent 1 aft 2 and upheld the findings and sentence awarded by the general court martial2.2. the respondent was first ..... page, the words in my opinion having due regard to the exigencies of public service an officer of equal or superior rank to the accused is not available to act as judge advocate are additional. the high court specifically observed that once a document has been put in the course of transmission by the general officer commanding, andhra ..... is required to be recorded in the convening order. rule 102 unambiguously provides that an officer who is disqualified for sitting on a court martial, shall be disqualified for acting as a judge advocate at that court martial . a combined reading of rules 39, 40 and 102 suggests that an officer, who is disqualified to be a part .....
Tag this Judgment!Court : Supreme Court of India
..... model fee schedule on the basis of which high courts may frame rules for the purpose of determination of fees of arbitral tribunal, where a high court appoints arbitrator in terms of section 11 of the act; (vii) to provide that the parties to dispute may at any stage agree in writing that their dispute be resolved ..... applicable to the proceedings before the learned arbitrator and the court under sections 34 and 37 of the arbitration act. the legislature's intention is reflected in section 19(1) of the arbitration act, which provides that an arbitral tribunal is not bound by the provision of the cpc. that is why the provisions of the cpc have ..... directions issued in the abovementioned clauses required continuous supervision by the court. therefore, in view of the provisions of the specific relief act, 1963, such reliefs ought not to have been granted by the arbitral tribunal.10. the learned single judge also held that though specific performance was sought in the claim made before the arbitral .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44. in the mukund dewangan s case (supra), the ..... against third party risk (vide section 96). in other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with an insurance policy covering third party risks which is in conformity with the provisions enacted by the legislature. it is so provided in order to ensure ..... has made it obligatory that no motor vehicle shall be used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024 .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44. in the mukund dewangan s case (supra), the ..... against third party risk (vide section 96). in other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with an insurance policy covering third party risks which is in conformity with the provisions enacted by the legislature. it is so provided in order to ensure ..... has made it obligatory that no motor vehicle shall be used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024 .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44. in the mukund dewangan s case (supra), the ..... against third party risk (vide section 96). in other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with an insurance policy covering third party risks which is in conformity with the provisions enacted by the legislature. it is so provided in order to ensure ..... has made it obligatory that no motor vehicle shall be used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024 .....
Tag this Judgment!Court : Supreme Court of India
..... challenge1 the present civil appeal lays a challenge to the judgment and order dated 05th september, 2012 ( impugned judgment , hereafter) of the principal bench of the armed forces tribunal at new delhi ( aft , hereafter), whereby the aft rejected the appellant s prayer seeking reference of his diagnosis as aids inflicted, to a fresh medical board. ..... services on the same ground. it is no secret that despite the enactment of the human immunodeficiency virus and acquired immune deficiency syndrome (prevention and control) act, 2017, and the slew of awareness measures taken by governments in recent times, the stigma and discrimination which lamentably accompanies an hiv+ve diagnosis is still ..... learned judge of the high court, vide order dated 20th april, 2006, allowed the appellant s writ petition. 1 an enrolled person under the army act who has been attested on the ground of being found medically unfit for further service could be discharged by the commanding officer, to be carried out only .....
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