Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 32 condonation Sorted by: recent Court: supreme court of india Page 14 of about 8,763 results (0.450 seconds)

Union of India and ors. Vs. Brigadier P.S.Gill

Court : Supreme Court of India

..... as to the maintainability of an appeal before this court against a final decision and/or order of the armed forces tribunal arises for consideration in these two appeals that purport to have been filed under section 30 of the armed forces tribunal act, 2007.2. the question precisely is whether an aggrieved party can file an appeal against any such ..... provide that an appeal shall lie to this court using words different from those that have been used in sections 30 and 31 of the armed forces tribunal act.15. it follows that the question whether an appeal lies to the supreme court and, if so, in what circumstances and against which orders ..... final decision or order of the tribunal under section 30 of the act aforementioned before this court without taking resort to the procedure prescribed under section .....

Rajvir Singh Vs. Secretary Ministry of Defence and ors.

Court : Supreme Court of India

..... (goc, mb area for short) to try the appellant on different charges relating to gross financial irregularities punishable under section 52(f) of the act. the appellant challenged the order before the armed forces tribunal (in original application no. 216 of 2010) on the plea that his trial by the general court martial was barred by limitation under section ..... aftab alam, j. 1. leave granted. 2. this appeal is directed against the judgment and order dated august 19, 2011 passed by the armed forces tribunal, regional bench, lucknow, by which it dismissed original application no.116 of 2011 filed by the appellant and rejected his challenge to the direction ..... 122 of the act. at that stage, the tribunal did not go into the merits of the appellant's challenge and dismissed the original application .....

Hardev Singh. Vs. Union of India and anr.

Court : Supreme Court of India

..... in t.a. no. 541 of 2010 (o.a. no. 29 of 2010), the appellant has filed this appeal under section 30 of the armed forces tribunal act, 2007. 2. the appellant was commissioned as an officer in indian army on 17.6.1973. over a period of time, he rose to the ..... properly considered and were disposed of without assigning any reason. in the circumstances, the appellant was constrained to approach the armed forces tribunal, jaipur bench, by filing an original application. the said application was thereafter transferred to the armed forces tribunal, principal bench, new delhi. the said application was rejected by the judgment dated 26th april, 2010, which has been ..... for in the appeal be granted. 10. on the other hand, mr. p.p. tripathi, learned additional solicitor general submitted that the judgment delivered by the tribunal is just and proper. he submitted that indian army is having a pyramidal organisation and it has framed its promotion policy accordingly. till 15th december, 2004, promotions .....

Union of India and ors. Vs. Bodupalli Gopalaswami.

Court : Supreme Court of India

..... degree, a specialised part of overall mechanism by which the military dis- cipline 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 ..... out. in exercise of power of judicial review, it is not possible to re-assess the evidence or sit in judgment over the finding of guilt recorded by the military tribunal. the scope of interference with the findings of the gcm is very narrow and should be exercised in rare cases. this is not one of them. we, therefore, find ..... the decision of the delhi high court in brig. a. k. malhotra. in the said decision, the delhi high court held that under section 71 of the army act, 1950 (`act' for short), forfeiture of pension was provided as a measure of punishment for offences tried by the court martial and if the court martial did not, in a given .....

Delhi Development Authority. Vs. Bhola Nath Sharma (Dead).

Court : Supreme Court of India

Reported in : 2011(2)MLJ255; AIR2011SC428; 2011(2)SCC54; AIR2011SCW3897

..... he is interested in an easement affecting the land."50. acquisition of land at cost of a local authority or company (1) where the provisions of this act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any company, the charges of and incidental ..... that the order of the court, tribunal or authority below has stood merged in the order of the supreme court rejecting the special leave petition or that the order of the supreme court is the only order ..... other than the declaration of law, whatever is stated in the order are the findings recorded by the supreme court which would bind the parties thereto and also the court, tribunal or authority in any proceedings subsequent thereto by way of judicial discipline, the supreme court being the apex court of the country. but, this does not amount to saying .....

Mohd. Yunus Khan Vs. State of U.P. and ors.

Court : Supreme Court of India

..... the cardinal features of our constitu- tion that a person by enlisting in or entering armed forces does not cease to be a citizen so as to wholly de- prive him of his rights under the constitution.... persons subject to army act are citizens of this an- cient land having a feeling of belonging to the civilised ..... the disciplinary proceedings against the appellant. these questions have to be considered keeping in mind that the appellant was a member of disciplined force and the appellate authority as well as the tribunal had very heavily relied on the past conduct of the appellant for considering the proportionality of the punishment, though it had not been ..... in view of the statutory rules and was bona fide. that finding was not challenged by the respondents any further and attained finality. this finding of the tribunal leads us to the questions that in case the first punishment of 10 days punishment drill was unwarranted and illegal; whether any protest against such punishment, authorised .....

Yadava Kumar. Vs. National Insurance Co. Ltd. and anr.

Court : Supreme Court of India

..... on a generous scale (see hardeo kaur and others v. rajasthan state transport corporation and another - (1992) 2 scc 567).20. the high court and the tribunal must realize that there is a distinction between compensation and damage. the expression compensation may include a claim for damage but compensation is more comprehensive. normally damages are given ..... ble high court refused any compensation towards loss of future earning by, inter alia, holding that: "we are of the view that, the said submission has no force for the reason that, the appellant has not produced an iota of document to substantiate his stand."16. we are unable to agree with the aforesaid view of ..... . injuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 1923."11. thus, the multiplier method is to be applied in cases of injuries also and it has been applied in a number of accident cases by .....

State of West Bengal and ors. Vs. Samar Kumar Sarkar

Court : Supreme Court of India

Reported in : 2009(4)AWC3215(SC); JT2009(11)SC258; (2009)6MLJ80(SC); 2009(9)SCALE523; 2009(3)SLJ199(SC); 2009(8)LC3702(SC)

..... the governor.(4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.article 228: transfer of certain cases to high court: if the high court is satisfied that a case pending in a court ..... power of the high court under article 227 of the constitution of india to transfer an application filed under section 19 of the administrative tribunal act pending before the administrative tribunal to the high court for its consideration and decision.3. the facts in nutshell are, the respondent before the west bengal administrative ..... in this petition. the respondent in the present petition filed o.a. no. 912 of 2003 under section 19 of the administrative tribunal act, 1985, before the west bengal state administrative tribunal, inter alia requesting the tribunal to direct respondents therein to appoint the applicant to the post of group `d' in the office of district land and land .....

Binani Zinc Limited Vs. Kerala State Electricity Board and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW2458; 2009LC(SC)1; JT2009(5)SC162; 2009(3)SCALE849; (2009)11SCC244; 2009(3)LC1474(SC)

..... an order dated 2nd july, 2004 it was directed:(a) though the tariff revision order, 2002 was issued on 24th october, 2002, i.e. subsequent to coming into force of the erc act, 1998, the board was empowered to issue the notification as the regulatory commission had not been constituted.(b) with respect to issue of cross subsidy, matter remanded to the ..... the appeal held that the issues raised by the appellant could be more effectively considered and disposed of by the appellate tribunal under the 2003 act, being an expert body.16. pursuant to or in furtherance of the said order the appellate tribunal upon hearing the parties has passed the impugned judgment inter alia opining that the respondent-kseb had the jurisdiction to .....

Chief Executive Officer, N.S.S.O. and ors. Vs. Biswa Bhusan Nandi

Court : Supreme Court of India

Reported in : (SCSuppl)2009(1)CHN11; JT2008(10)SC371; 2008(12)SCALE1; (2008)10SCC161; 2008AIRSCW6472

..... issued a notification dated 12.2.1986 in terms whereof, those candidates who were matriculate and having put in not less than 15 years' of service in armed forces etc. were to be considered for appointment to any group - c post to which essential qualification is graduation and where experience in technical or professional nature is ..... as viva-voce test and, admittedly, he qualified in both the tests. this significant aspect does not appear to have been taken into consideration by the tribunal which being guided by the technicalities in interpreting the qualification required for being eligible to recruit as data entry operator. it cannot be denied that the petitioner ..... the said period.8. mr. v. shekhar, learned senior counsel appearing on behalf of the appellant, would content that as was rightly held by the learned tribunal that it was not a case where the eligibility criterion was graduation in any stream simplicitor as the candidate was required to be a graduate having mathematics or .....