Court : Supreme Court of India
..... in that behalf must either be articulated in writing or be available on record, specially when the matter can be considered on merits by a tribunal, with the coming into force of the armed forces tribunals act, 2007. 5 11 in a review petition5 filed by the union of india, the earlier judgment was clarified on 16 february 2017 in the ..... behalf of the appellant has submitted that this would meet the ends of justice. 15 we accordingly allow the appeal and modify the impugned order of the armed forces tribunal in the above terms. the appellant shall stand discharged from service on the completion of the minimum pensionable service with the result that he would be ..... chandrachud, j judgment12 admit. this appeal arises from a judgment of the armed forces tribunal at its chandigarh regional bench dated 7 december 2015. the appellant was enrolled on 29 october 1996 in the 43 armed brigade and was at the material time posted as acting lance dafadar1. it is alleged that on 11 august 2007 while on duty .....
Tag this Judgment!Court : Supreme Court of India
..... such record of service, the charge that he had moved away from the post as an act of cowardice cannot be accepted and hence he seeks that the findings recorded by the sgcm and the conclusion reached by the armed forces tribunal be set aside.5. the learned counsel for the respondents has taken us through the appeal ..... 13, 2006, action was initiated under section 34(c) of the army act, proceedings were held by the sgcm and the sentence to undergo imprisonment for six months and dismissal from service was imposed. the appellant assailing the same was before the armed forces tribunal and in the said proceedings the order impugned dated august 26, 2011 is passed ..... was an attack by the militants including the act of the militants in taking away the lmg was explained by the appellant, which he would not have been aware of if he was actually unconscious. in that circumstance, when the evidence has been adverted to by the armed forces 10 tribunal and when such conclusion reached does not indicate .....
Tag this Judgment!Court : Supreme Court of India
..... of20172 judgment s.abdul nazeer, j.1. these appeals have been preferred under section 22 of the national green tribunal act, 2010 (for brevity 'ngt act') challenging the judgment and order dated 07.05.2015 and 04.05.2016 respectively passed by the principal bench of the national green ..... inconsistent contained in any other law for the time being in force. this gives the tribunal overriding powers over anything inconsistently contained in kiad act, planning act, revised master plan of bangalore, 2015 and karnataka municipal corporation act, 1976 (for short 'kmc act'). therefore, the tribunal while providing for restoration of environment in an area can ..... in any other law or in any instrument having effect by virtue of law other than this act. this gives the tribunal overriding powers over anything inconsistent contained in the kiad act, planning act, karnataka 45 municipal corporations act, 1976 ( kmc act ); and the revised master plan of bengaluru, 2015 ( rmp ). a central legislation enacted .....
Tag this Judgment!Court : Supreme Court of India
..... in mind, the adjudicating authority had imposed penalty of rs.3,00,000/ (rupees three lakhs only) under section 15 hb of the sebi act, which has been upheld by the appellate tribunal being commensurate with the violation.44. for the aforesaid reasons, we do not find any infirmity with the concurrent findings or with the quantum ..... mr. hemant sheth impugning three separate orders all dated 30th december, 2011 passed by the adjudicating officer under section 15 i of the sebi act.16. impugned order passed by the appellate tribunal confirms penalty of rs.20,00,000 (rupees twenty lakhs only) each as imposed on the appellants by the adjudicating officer under section 15 ..... good challenge. we clearly have reservations on the ground stated or rather lack of reasoning given by the appellate tribunal, especially in the light of the language of 23 sections 15 a(a) and section 15 j of the act. however, during the hearing, the learned counsel appearing for bhavesh pabari had drawn our attention to his .....
Tag this Judgment!Court : Supreme Court of India
..... mental or physical disability of the tenant ceases to exist; (iv) within one year from the date on which the tenant ceases to be a serving member of the armed forces : [provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member ..... section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the [maharashtra revenue tribunal]. under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. the date on which ..... the land; 2. it has been rejected by the mamalatdar or by the collector in appeal 21 or in revision by the maharashtra revenue tribunal. [the maharashtra revenue tribunal has been brought in by way of maharashtra act 23 of 2007 with effect from 13.12.2007].; 3. if the aforesaid elements are satisfied the proviso declares that the tenant shall .....
Tag this Judgment!Court : Supreme Court of India
..... , j.the present appeal under section 30 read with section 31 of the armed forces tribunal act, 2007 (for short the act ) along with ia no.1 of 2016 seeking leave to appeal arises out of an order passed by the armed forces tribunal, chandigarh, regional bench at chandimandir (for short tribunal ) in oa (appeal no.324 of 2010) on 06.08.2015. 1 ..... 2. the appeal before the tribunal was directed against the findings and the sentence awarded ..... by district court martial (for short dcm ) on 01.02.2010 confirmed on 09.03.2010 and also against rejection of his statutory complaint under section 161 (2) of the air force act, 1950 by the chief of air staff. the .....
Tag this Judgment!Court : Supreme Court of India
..... it was influenced by the proceedings of the coi and its results... 10) the uoi sought leave to appeal. the said order under section 31 of the armed forces tribunal act, 2007 has also been rejected by the aft on march 25, 2014.11) against these orders, the uoi has filed its civil appeal (arising out ..... by filing statutory complaint. the statutory complaint was rejected by the central government on june 16, 2009 being devoid of merit.6) thereafter, the officer approached the armed forces tribunal (aft) by filing two original applications (oas). in these oas, he challenged the award of severe displeasure (recordable) and consequent non-empanellment by filing separate ..... diary no.14505 of 2018) judgment a.k. sikri, j.delay condoned. appeals admitted.2) these are civil appeals arise out of different orders passed by the armed forces tribunal (aft), regional bench at mumbai in two different proceedings viz. transfer application no.8 of 2013 and original application nos. 50 and 53 of 2009. however, .....
Tag this Judgment!Court : Supreme Court of India
..... code for the purpose of sub-section (2). (5) notwithstanding anything to the contrary contained in any other law for the time being in force, the national company law tribunal shall have jurisdiction to entertain or dispose of (a) any application or proceeding by or against the corporate debtor or corporate person; (b) ..... for or complicit in certain activities with respect to ukraine; against 138 officials of the government of the russian federation; against persons operating in the arms or related materiel sector of the russian federation; and against individuals and entities operating in the crimea region of ukraine. e.o. 13662 also authorizes ..... loathe to give such an interpretation as would thwart the recovery process under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 which act alone seems to have worked to some extent at least. (emphasis supplied) 63. these two enactments were followed by the securitization and reconstruction .....
Tag this Judgment!Court : Supreme Court of India
..... namely section 243, which repeals the presidency towns insolvency act, 1909 and the provincial insolvency act, 1920, has also not been brought into force. section 249, which amends the recovery of debts due to banks and financial institutions act, 1993, so that the debt recovery tribunals under that act can exercise the jurisdiction of the adjudicating authority conferred ..... 249, dealing with the consequential amendment of the recovery of debts act to empower debt recovery tribunals to try such 22 proceedings, has also not been brought into force. it is thus clear that section 2(e), which was brought into force on 23.11.2017 would, when it refers to the application ..... by the code, has also not been brought into force.16. under part ii of the code, which deals with insolvency resolution .....
Tag this Judgment!Court : Supreme Court of India
..... the promotion board (medical) not allocating one mark for two years training program. armed forces tribunal did not commit any error in rejecting the above claim also. we thus do not find any error in the judgment of armed forces tribunal warranting interference by this court in exercise of jurisdiction under article 136 of the constitution ..... council of india recognises medical degrees awarded by different universities and institutions under the medical council of india act, 1956. the promotion policy dated 22.05.2006 is for promoting officers belonging to armed forces medical services (afms), hence restricting the award of marks to those ph.d., which have been recognised ..... granted by any university or medical insitution in india which are included in the first schedule shall be recognised medical qualifications for the purposes of this act. (2) any university or medical institution in india which grants a medical qualification not included in the first schedule may apply to the central .....
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