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
(oral). 1. this appeal is preferred under section 173 of the motor vehicles act, 1988 (for short, the act) against the judgment and award dated 11.11.2011 in mac case no.125/2009 passed by the learned member, motor accident claims tribunal, tinsukia, awarding a sum of rs.11,82,000/- to the claimants/respondent nos.1 to 4 ..... the insurance company in respect of an occupant in a car. even though the insurance company had put such a restrictive condition limiting the liability, the same will have no force in the eye of law, he emphatically urges. 16. mr. k. k. bhatta, learned counsel appearing for the respondent no. 7, new india assurance company limited ..... submits that in the attending facts and circumstances, the learned tribunal rightly passed the award and no interference is called for. 17. i have considered the submission of learned counsel for the parties as well as the amicus and have .....
Tag this Judgment!Court : Guwahati
..... petitioners and mr. m. chanda, learned counsel for the respondent/applicant. 3. the original application was filed by the respondent/applicant before the learned tribunal seeking the following reliefs: "(i) setting aside and quashing of letter no. e/rti act 05/con dated 08.08.2011. (ii) declaration that selection and promotion of sri k.c. agarwal, who was arrayed as respondent no ..... a vested circle and the fraud came to light only when he received materials by filing applications was under rti act, 2005, and immediately after materials were obtained, he had submitted a representation and after the representation was rejected had approached the learned tribunal without any delay. materials on record having clearly demonstrated that the respondent/applicant was denied promotion illegally, the direction .....
Tag this Judgment!Court : Guwahati
..... the applicant of o.a.no 16 of 2012 seeks to challenge, the order dated 11.6.2013 passed by the armed forces tribunal, guwahati (for short called the tribunal ) in the aforementioned o.a. by impugned order, the tribunal dismissed the o.a. filed by the writ petitioner and in consequence confirmed the order dt 23.3.2012 passed by the ..... ) on 1.9.2011. bascially two charges were framed against the petitioner. the first charge was under section 354 of ipcode read with section 71 of the act for using the criminal force against the woman intending thereby to outrage her modesty by repeatedly touching her body while travelling in the bus and in the alternative committing an ..... with reduction of rank and also reprimand for the offence committed. the petitioner filed a pre-confirmation petition on 13.12.2011 under section 161 (1) of the act before the air officer commanding in-chief and prayed therein that the findings recorded by the dcm may not be confirmed and it be set aside. the competent .....
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 writ petition, the petitioner has not even obliquely stated about the proceeding before the imdt, but has only stated about the proceeding before the foreigners tribunal after scrapping of the imdt act by the apex court in sarbananda sonowal v. union of india reported in : air2005sc2920 .12. the police made the reference to the then im( ..... never contended that the name of the petitioner appeared in the voter list of 1966, but after the scrapping of imdt act by the apex court and when the proceeding was transferred to foreigners tribunal, the petitioner produced the certified copy of 1966 voter list so as to contend that his name was included even in 1966 ..... foreign nationals including the petitioner. while the petitioner alone remained in fray, others, after initial response to the proceeding did the act of vanishing as will be evident from the application filed by the petitioner before the tribunal on 21.1.1999. in the application, it was stated that the opp. party no. 1 md. abdul kasem, .....
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
..... ac 105. lord diplock summarized the situation as follows:there is a little authority in english law concerning the rights and duties of a member of the armed forces of the crown when acting in aid of the civil power; and what little authority there is relates almost entirely to the duties of soldiers when troops are called upon to assist ..... appeal held that the firing of the shot which killed the passenger was, on the facts found by the judge, a grossly excessive and disproportionate use of force, and that any tribunal of fact properly directed would so have found. the certified question of law for your lordships is whether a soldier on duty, who kills a person with ..... the requisite intention for murder, but who would be entitled to rely on self-defence but for the use of excessive force, is guilty of murder or manslaughter. .....
Tag this Judgment!Court : Guwahati
..... specilized 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 277 against an order of an inferior tribunal.(emphasis supplied)in the union of india v. sardar bahadur reported in : (1972)illj1sc the apex court had held as follows:where there are relevant materials which ..... article 226 of the constitution.16. the above observation, with which i find myself in complete agreement, reflects the correct position of law and applies with equal force to the facts of the present case.17. as regards the next question relating to non-recording of the plea in the words used by the accused, the .....
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 .....
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