Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... been made for his reinstatement in service with all consequential benefits. this petition has been received on transfer from delhi high court by this tribunal and is treated to be appeal u/s.15 of armed forces tribunal act, 2007. 2. it is contended that the petitioner has falsely been roped in this case. as a matter of fact on 25.11 ..... of his duty. here from the facts of this case that he first gave caution to the deceased not to advance towards the gate, it is established that the act or omission for the accused had reasonable connection with the discharge of his duty. merely saying that before to his deployment instructions were given as to under what circumstances ..... by him was sent to ballistic expert to confirm about its use. the accused/appellant also ran away from that place. from such incriminating facts and circumstances the act and omission on the part of the appellant is well established. 11. moreover the accused has nowhere denied this fact with regard to his opening of the fire .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the applicant in this application, has filed w.p.no.18531 of 2004 before the honourable high court, madras, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal, and renumbered as t.a.no.13 of 2009. 2. the affidavit to the application filed by the applicant runs as follows:- the applicant was appointed ..... as soldier (gd) in the intelligence corps on 22.05.1987 and is being governed by the army act and army rules. after completing his sslc examination, ..... being part of the record of service have to be taken into consideration for the purpose of deciding whether such person is suitable for retention in the air force. the discharge in such circumstances is, therefore, discharge falling under r.15(2)(g)(ii) and it cannot be held to be termination of service by .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the order dated 13.09.2009 is maintainable. in that regard learned counsel for the petitioner has raised the point that armed forces tribunal act, 2007 (the act), in particular section 15, gives unfettered powers to the tribunal in relation to appeal against any order, decision, finding or sentence passed by court martial. the word expressly which is ..... in section 39 of the tribunal act, position becomes clear that when it is provided differently in clear and unambiguous terms in the act, that would have overriding effect. in other words, unless it is positively and specifically provided differently, the tribunal cannot take cognizance of the findings which have no force of law. much thrust has ..... been laid by the counsel for the petitioner that this act is self contend and the powers given u/s.15(1) if given a .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... court of madras for redressal of his grievance by filing wp no.12846 of 2007, which has subsequently been transferred to this tribunal, after the constitution of the tribunal under the armed forces tribunal act, 2007 and the same has been renumbered as t.a.24/2009. 2. the affidavit to the petition filed by the petitioner ..... reads as follows:- the petitioner was recruited in the army with sr.no.15300549y on 30.09.1985 and underwent training in bangalore. training included handling of small arms ..... this military training, the petitioner was suffering from a constitutional disorder and was brought before the invaliding medical board on 24.09.1986 at command hospital (air force), bangalore. the medical board recommended him to be invalided out of service in medical category eee with 20 % disability for two years due to diagnosis neurosis .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... two minor children, the punishment of dismissal from service is liable to be modified to that of discharge by resorting to the provision under section 15(v)(f) of the armed forces tribunal act 2007. point is answered accordingly. 6. in fine, the application is allowed in part and the order of dismissal against the applicants husband hav.(dmt) s.nagendran no.14391873 l ..... aca adityan the applicant in this application, has filed w.p.no.21353 of 2006 before the honourable high court, madras, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal, and renumbered as t.a.no.46 of 2009. 2. the amended application of the applicant, who is the wife of the late s.nagendran, an ex-indian army .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... pen circle, as claimed by the respondent cannot be sustained. 26. the learned senior counsel for the appellant has also brought to the notice of this tribunal one other factor which is quite relevant. it is contended by the learned senior counsel for the appellant that during pendency of the appeal the state commission ..... continuous industries. similarly, we find force in the contentions urged by the learned senior counsel for the appellant that the humanist consumer council can not enter into any power purchase agreement with the ..... label of reliability charge. 23. as rightly pointed out on behalf of the appellant that none of the factors mentioned under section 62 (3) of the act supports the levy of reliability charge. similarly, neither rules nor regulations framed by the state commission would provide for the imposition of such reliability charge on the .....
Tag this Judgment!Court : Himachal Pradesh
..... expenditure incurred at batra hospital for undergoing angiography etc. was not relatable to the accident. this finding was rendered by the tribunal on the basis that the appellant was suffering from diabetes (type-ii) and hypertension, which were not relatable to the ..... nect and cervical spine.n/e fever and trauma.on exam : average builtafebrileno other positive finding.systemic exam : nadlocal exam :forces is obliterated.cervical spine: local tenderness.no neurological deficit.lumbar spine: lumbar iordosis obliteratedspass minimum ptd : 24'str bilateral 70no ..... 1. name 2. service no. 3. rank/rate 4. unitm k chauhan ic-26599-w col hq nccshimla5. service 6. arm/corps/branch/trade 7. agearmy madras regt 51 yrs.inf officer.8. address on leave, if applicable - 9. dated duty on14 ..... is no dispute with respect to the fact that the accident infact occurred and that this was relatable to the wrongful acts of respondent no. 2 who was driving the vehicle for and on behalf of respondent no. 1. so far .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... any grievance as to the compliance of the order passed in w.p.no.1473 of 1990, he ought to have resorted to the relevant provision available under the armed forces tribunal act, 2007 and rules, subject to limitation. it is pertinent to note from the counter filed by the respondent (at para 9) that the applicant had also challenged ..... adityan the applicant in this application, has filed w.p.no.33929 of 2004 before the honourable high court, madras, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal, and renumbered as t.a.no.17 of 2009. 2. the affidavit to the application reads as follows:- the applicant joined in military service on 07. ..... prayed for with a direction to the respondents therein to disburse the amount to the applicant on or before 30.04.1991. there is no material placed before this tribunal to show that aggrieved by the order in w.p.no.1473 of 1990, the applicant had preferred any appeal to the honourable apex court. so, the .....
Tag this Judgment!Court : Delhi
Reported in : (2009)227CTR(Del)209; 2009[16]STR545; [2009]23STT400; (2010)27VST497(Delhi)
..... property based services and performance based services and the service performed in india would be covered by the service tax under the finance act, 1994. as per the prima facie view taken by the tribunal, place of performance of service is decisive for determining event of taxability as well as incidence of tax.7. we may also, ..... services at a price as may be agreed between the parties from time to time, provided however, that any amount so invoiced shall be consistent with the arm's length standard (as defined in the oecd transfer pricing guidelines and relevant national legislation). the invoice shall contain a general description of the sales or ..... the law, the condition of service provided from india and used outside india will remain in force. this does not grant immunity for the petitioner from taxation in respect of business auxiliary services provided by the petitioner.5. the tribunal has referred to the said order and extracted the relevant portions therefrom in extenso in its .....
Tag this Judgment!Court : Patna
Reported in : (2009)26VST471(Patna)
..... joint commissioner, commerdal taxes (appeals) vide order passed on june 29, 2007 (annexure 3).12. the petitioner filed a revision application before the commercial taxes tribunal assailing the order as contained in annexure 3 and which is said to be pending. while the revision preferred by the petitioner was pending for consideration before ..... to pass such orders which were within the scope of the provisions of section 54(4) of the act. it was contended that as the revision application of the petitioner was pending consideration before the commercial taxes tribunal and which has become functional, the petitioner may be asked to exhaust the remedy available under the ..... cannot escape the liability provided under section 54(4) of the act. it was next contended that the entire arguments advanced on behalf of the petitioner while assailing the main provision centered around the quantum of penalty. with reference to the provisions in force in other states, it was contended that no provision could .....
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