Court : Supreme Court of India
..... has not commenced as yet.14. before proceeding further, it is to be noted that on 7.8.2019, the arbitral tribunal passed orders on the applications under section 17 of the arbitration act (1) granting a stay of the termination notice (2) directing anl to deposit the entire amount generated out of the vtpms ..... 8. anl moved the commercial court at ahmedabad under section 9 of the arbitration and conciliation act, 1996, as there was a threat of termination of the concession agreement. the disputes were also referred to arbitration. before the arbitral tribunal constituted on 01.03.2019, both parties (anl and 4 gujarat maritime board) moved ..... applications under section 17 of the arbitration and conciliation act. however, on 01.05.2019, the gujarat maritime board 9. lodged a complaint with .....
Tag this Judgment!Court : Supreme Court of India
..... the mental or physical disability of the tenant ceases to exist; (iv) within one year from the date on which the tenant ceases to be 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 ..... etc. (arising out of slp (c) no.18525 of 2009 etc.) vinodchandra sakarlal kapadia etc. vs. state of gujarat and ors. etc. 46 section 63 of the act. the tribunal thus allowed the revision and quashed the orders passed by the additional mamlatdar and the deputy collector. e) the state, being aggrieved, preferred special civil application no.25058 of 2006 ..... landlord has made such application for possession but it is rejected by the mamlatdar or in appeal by the collector or in revision by the gujarat 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. (2) (a) where .....
Tag this Judgment!Court : Supreme Court of India
..... (2017) 9 scc49916 nadu pollution control board v sterlite industries (i) ltd19 ( sterlite ) this court analysed the adjudicatory functions which have been entrusted to the ngt under the national green tribunal act 201020. justice r f nariman, speaking for a two judge bench held that while exercising its jurisdiction under section 16, the ngt cannot strike down rules or regulations made under ..... . the concept of an ex post facto or a retrospective ec is completely alien to environmental jurisprudence including eia1994and eia2006 we make it clear that an ec will come into force not earlier than the date of its grant. (emphasis supplied) 23. the concept of an ex post facto ec is in derogation of the fundamental principles of environmental jurisprudence and .....
Tag this Judgment!Court : Supreme Court of India
..... follows: (i) the power of judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including the armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india (ii) the jurisdiction of the high court under article 226 and this ..... law laid down in l. chandra kumar (supra).15. ms. dwivedi, placed reliance on the observations made in major general shri kant sharma (supra) that, jurisdiction of the tribunal constituted under the armed forces tribunal act is in substitution of the jurisdiction of the civil court and the high court so far as it relates to suit relating to condition of service of the persons .....
Tag this Judgment!Court : Delhi
..... , j.(oral) 1. a letter has been received from mr. justice rajendra menon, former chief justice of this court intimating that due to his recent appointment as chairman of the armed forces tribunal, he would be unable to conduct further proceedings.2. learned counsel for the respondent submits, on instructions from the respondent, that he has no objection to the appointment of another ..... (west), block-a, mathura road, new delhi-110065 5. the learned arbitrator shall give disclosure under section 12 of the act before entering upon reference.6. 7. fee of the arbitrator shall be fixed as per fourth schedule of the act. needless to say that the proceedings will continue from the stage at which they were left by the erstwhile learned arbitrator .....
Tag this Judgment!Court : Delhi
..... of defence ( mod ) and the director general ( dg ) of the armed forces medical store depot ( afms depot ), delhi cantonment challenging the common order dated 24th september, 2010 w.p.(c) nos.1026/2011 and 1031/2011 page 1 of 8 passed by the central administrative tribunal ( cat ), principal bench in ta nos. 9 and 11 of 2010.2 ..... arun kumar and sushil kumar panchal are respondent nos. 1 and 2.3. the background facts are that the afms depot is a unit of the directorate general, armed forces medical services ( afms ). the dg is the appointing authority of group c posts in terms of part v of schedule 2b (viii) of the ccs (cca ..... in their performance. he accordingly ordered revaluation of their papers independently by constituting another independent board. based on such re-evaluation independently arrived at by two senior officers acting as examiners, only two candidates were selected, one each from obc (mr. vijay kumar) and gc (mr. kamal singh). as regards the remaining candidates, their .....
Tag this Judgment!Court : Delhi
..... of defence ( mod ) and the director general ( dg ) of the armed forces medical store depot ( afms depot ), delhi cantonment challenging the common order dated 24th september, 2010 w.p.(c) nos.1026/2011 and 1031/2011 page 1 of 8 passed by the central administrative tribunal ( cat ), principal bench in ta nos. 9 and 11 of 2010.2 ..... arun kumar and sushil kumar panchal are respondent nos. 1 and 2.3. the background facts are that the afms depot is a unit of the directorate general, armed forces medical services ( afms ). the dg is the appointing authority of group c posts in terms of part v of schedule 2b (viii) of the ccs (cca ..... in their performance. he accordingly ordered revaluation of their papers independently by constituting another independent board. based on such re-evaluation independently arrived at by two senior officers acting as examiners, only two candidates were selected, one each from obc (mr. vijay kumar) and gc (mr. kamal singh). as regards the remaining candidates, their .....
Tag this Judgment!Court : Supreme Court of India
..... supplied) this provides the qualifications, terms and conditions of service etc. of chairpersons and members of the appellate tribunal. this provision shows total non-application of mind because the armed forces tribunal act, 2007 has no provision for an appellate tribunal. in fact, section 6 of the armed forces tribunal act, 2007 itself provides the qualifications for appointment for chairperson and other members and it is not clear what was ..... binding on the high court under article 141 of the constitution of india, allowing the aggrieved person to avail the remedy under section 30 read with section 31 of the armed forces tribunal act.44. the high court (the delhi high court) while entertaining the writ petition under article 226 of the constitution bypassed the machinery created under sections 30 and 31 of the .....
Tag this Judgment!Court : Supreme Court of India
..... to withdraw his such request. the question was as to whether the appellant therein can invoke jurisdiction of the central administrative tribunal or the high court, it being a case prior to the enactment of armed forced tribunal act 2007. this court held as under: - 9. as stated above, although the appellant was selected by the postal ..... retd.) dead through lrs & ors. .....respondent(s) versus judgment hemant gupta, j.1)2) the challenge in the present appeal is to an order passed by the armed forces tribunal, regional bench, jabalpur1 on 9th february, 2017 whereby, an original application filed by the respondent - lt. col. om dutt sharma was allowed holding that the respondent ..... full-fledged army personnel. since the appellant was not a member of the armed forces and continued to work as a civilian on deputation to the army postal service, his case was covered under section 14(1) (a) of the administrative tribunals act. in that view of the matter, the high court was right in rejecting .....
Tag this Judgment!Court : Delhi
..... that the assessing officer was not justified in making additions of rs. 2,59,55,460/-. the same is deleted. indicate the above order stands confirmed by the hon'ble tribunal by order dated 25.09.2009 by holding as under: 8. we have heard the rival submissions and have gone through the material available on record. we find that ..... of shri anupam nagalia. however, in the appeal proceedings, the cit (a) deleted the addition. the said order was also confirmed by the tribunal. the relevant portion of the orders of the cit (a) and the tribunal have been ita7322019 page 5 of 10 extracted in the order dated 30.11.2010 passed in appeal no.54/09-10 pertaining to ..... sanjeev narula sanjeev narula, j.(oral):1. the present appeal under section 260a of the income tax act, 1961 (hereinafter referred to as 'the act') is directed against the order dated 13.12.2018 passed by the income tax appellate tribunal (hereinafter referred to as 'the tribunal') in it(ss)a no.6/del/2011 & c.o. no.93/del/2011 for block .....
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