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 : 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 .....
Tag this Judgment!Court : Supreme Court of India
..... 5 of 11 rpc10362023 7 the petitioner had earlier moved this court under article 32 of the constitution, but was relegated to the armed forces tribunal7 by an order dated 24 august 2021. when the petitioner moved the aft, the tribunal issued certain directions in its judgment dated 3 january 2022. the aft, inter alia, issued the following directions: 122(a) ..... indian navy was lifted in terms of the notifications issued by the union government on 9 october 1991 and 6 november 1998 under section 9(2) of the navy act. moreover, this court held that the policy decision of the union government dated 25 february 1999 would govern the conditions of service of sscos including women officers in regard ..... jag page 2 of 11 rpc10362023 envisaged in the notifications issued by the union government on 9-10-1991 and 6-11-1998 under section 9(2) of the 1957 act. 109.2. by and as a result of the policy decision of the union government in the ministry of defence dated 25-2-1999, the terms and conditions .....
Tag this Judgment!Court : Supreme Court of India
..... discharge/dismissal also failed whereupon the appellants preferred original applications before the armed forces tribunal. the original applications were dismissed by the tribunal and so were the review petitions.12. the appellants have thus preferred these appeals under section 31 of the armed forces tribunal act, 2007 before this court inter alia contending that the appellants were ..... 5 (2017) 4 scc60915 dated 9.5.2013 and the judgment(s) and order(s) dated 06.03.2014 and 18.11.2015 passed by the armed forces tribunal. the appellants shall be reinstated with all consequential benefits.28. the appeals are allowed as aforesaid with no order as to costs. .. j.(bela m ..... of by this common judgment. 35. in these appeals the challenge is to the common judgment and order of the armed forces tribunal1, kochi, dated 6.03.2014, whereby the tribunal has refused to interfere with the discharge certificate, dismissing the appellants from service for adopting fraudulent means. consequently, refusing the .....
Tag this Judgment!Court : Supreme Court of India
..... ngt ) by filing an original application. the first respondent filed the original application under section 14, read with section 15 and section 18(1) of the national green tribunal act, 2010 and raised an important issue of the pollution created by the inland container depot (for short, the said icd ) at tughlakabad. it is alleged in the ..... passed an order directing the appellant to ensure that, in a phased manner, diesel vehicles stop visiting the icd and shift to electric, hybrid and cng vehicles. the tribunal observed that the other alternative was to limit the entry of diesel vehicles only to the satellite terminals (icds) at dadri, rewari, ballabhgarh, khatuawas or any other ..... icd around delhi. the tribunal observed that this will ensure that diesel vehicles do not enter delhi ncr. an outer limit of six months was fixed under the impugned order by the ngt .....
Tag this Judgment!Court : Supreme Court of India
..... the government and be given an opportunity for consideration by the promotion board constituted under such new policy?. consideration and conclusion13 the preamble to the armed forces tribunal act, 2007 reads- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect 13| [civil appeal no.14524 of 2015]. to commission, appointments, enrolment and conditions of service in respect of ..... ) adm/lgl respondent(s) judgment sanjay karol j., 1. this civil appeal, under section 31(1)1 of the armed forces tribunal act, 20072 at the instance of the union of india, is directed against the judgment and order dated 30th november 2015, passed by the armed forces tribunal, principal bench, new delhi in original application no.537 of 2014. 131. leave to appeal. (1) an appeal .....
Tag this Judgment!Court : Supreme Court of India
..... incurred before the commencement of such business or thereafter. the cost is allowed to be amortised in equal instalments in the years for which the licence is in force. the amortisation commences from the year in which such business commences (where such cost is incurred before the commencement of such business) or the year in which ..... in which the licence fee is actually paid, and the subsequent previous year or years during which the licence, for which the fee is paid, shall be in force; (ii) appropriate fraction means the fraction the numerator of which is one and the denominator of which is the total number of the relevant previous years; 39 ( ..... annual gross revenue of the assessee would be revenue expenditure deductible under section 37 of the act. 6.7. aggrieved by the said order, the appellant-revenue preferred an appeal before the tribunal, new delhi. by order dated 24 july, 2009, the tribunal dismissed the revenue s appeal following its earlier order dated 29 may, 2009 in ita no .....
Tag this Judgment!Court : Supreme Court of India
..... appendix ii deals with the principles to be applied for deciding disability.46. in pani ram vs. union of india38, this court, while upsetting a decision of the armed forces tribunal rejecting a claim for disability pension, for an army personnel, held, inter alia, on a reading of the army pension regulations that: 18. the perusal thereof will ..... the appellant 19. the amici and the appellant argued that it is the onus of the respondents to establish that the two armed forces (indian army and iaf) were not negligent, because of the direct acts of their doctors and the hospital. reference to a letter dated 12.06.2018 was made in which the respondent no 1 ..... vide air hq/99798/1/741570/dav(dp/rmb). 7 dated 05.05.2017. 8 vide letter no 6004/a/gs (edn). 5 the right to information act, 2005 (hereafter, rti act ). dissatisfied with the information provided, he appealed to the first appellate authority.11. the appellate authority by its order9 rejected the appeal and observed that best efforts .....
Tag this Judgment!