Court : Delhi
..... december, 2007 rejecting the statutory complaint dated 5th september, 2007 filed by the... petitioner under section 27 of the army act, 1950 ( act ). the... petitioner waited for 4 years and challenged the order first before the armed forces tribunal ( aft ), lucknow. by an order dated 23rd august, 2012, the aft rejected the petition on the ground that ..... technical and administrative control of the dodp mod, is responsible for carrying out quality assurance of all defence stores and equipment of vital importance to the defence forces. the officers of the dgqa are drawn from wp(c) 7583/2018 page 5 of 12 the army. these officers have operational experience of defence weapons ..... , the... petitioner did not receive any reply. the... petitioner says that he then filed an application dated 30th august 2007 under the right to information act, 2005 ( rti act ). annexed to the petition as annexure p6 is the copy of the 64 questions raised by the... petitioner in his application which was replied to on .....
Tag this Judgment!Court : Supreme Court of India
..... from service on 10.07.1993. he filed a writ petition in the high court challenging the order of discharge which was transferred to the armed forces tribunal, lucknow bench. the tribunal dismissed the 2 transfer application holding that no ground was made out by the appellant for setting aside the order of discharge. dissatisfied with the ..... of discharge. iii persons enrolled under the act who have been attested. (i) on fulfilling the conditions of his enrolment or having rechecked the stage at which discharged may be enforced. (ii) on completion ..... case was under rule 13 (3) table iii (v). rule 13 specifies the authorities who are empowered to authorize discharge in respect of persons enrolled under the act who have been attested. the officers competent to authorize discharge are mentioned. the grounds of discharge as contained in rule 13 (3) are as follows: grounds .....
Tag this Judgment!Court : Supreme Court of India
..... . the appellant filed writ petition before the high court of judicature at allahabad but subsequently on commencement of armed forces tribunal act, 2007, the writ petition was transferred to the tribunal, regional bench, lucknow. the learned tribunal found that the appellant was placed in permanent low medical category bee and was discharged from service on august ..... .....respondent(s) versus judgment hemant gupta, j.1)2) 3) delay condoned. appeals admitted. the challenge in the present appeals is to orders passed by the armed forces tribunal1, regional bench, lucknow on october 21, 2011, may 28, 2013 and june 30, 2014 whereby, challenge to the discharge of the appellant from service on ..... moving machinery and also to handle firearms to ensure seizure precautions. therefore, he could not be employed in other sheltered appointment in public interest. the tribunal found that the4) 2 rules 2 appellant has been given disability pension @20% for five years.5) some of the relevant provisions of the .....
Tag this Judgment!Court : Supreme Court of India
..... by an order dated 16.02.2010. thereafter, the appellant filed a writ petition in the calcutta high court which was transferred to the armed forces tribunal, kolkata bench. by the impugned order, the armed forces tribunal upheld the order of termination of service of the appellant. the learned counsel for the appellant submitted that 4. there is no truth in ..... duties as detachment in- charge of the unit radio monitoring detachment from 1900 hrs. to 2359 hrs. on 30 july 2009 did not do so. second charge army act section 41 (2) disobeying a lawful command given by his superior officer in that he, at yol cantonment, on 03 august 2009, when his section non commissioned ..... was charged for disobedience of lawful command given by his company havaldar major (chm) pramod kumar. the charges communicated to the appellant are as follows: first charge army act section 41(2) disobeying a lawful command given by his superior officer in that he, at yol cantonment, on 30 july 2009, when ordered by 1 his section .....
Tag this Judgment!Court : Supreme Court of India
..... for the respondent.4. instruction no.3/2003 dated 20.05.2003 which weighed with the tribunal and the high court, is as under:- instruction no.3/2003 section92of the income tax act, 1961 transfer pricing computation of income from international transaction having regard to arm s length price under section92 guidelines to transfer pricing officers and assessing officers to operationalise pricing provisions ..... tax-4, mumbai vs. m/s. s.g. asia holding (i) pvt. ltd. 5 the provisions relating to transfer price contained in sections 92 to 92f of the income-tax act, have come into force with effect from assessment year 2002-03. in terms of the provisions, income from an international transaction is to be computed having regard to .....
Tag this Judgment!Court : Supreme Court of India
..... were given a period of one year to establish/appoint the real estate regulatory authority, the adjudicating officer and the appellate tribunal, consequent upon which the aforesaid sections were brought into force one year later - in the hope and expectation that the appropriate government would set up the aforesaid authorities within the ..... of one year from the date of coming into force of this act, by notification, establish an appellate tribunal to be known as the (name of the state/union territory) real estate appellate tribunal. xxx xxx xxx 44. application for settlement of disputes and appeals to appellate tribunal-- (1) the appropriate government or the competent authority ..... read with regulations 25 and 27 of the insolvency and bankruptcy board of india (information utilities) regulations, 2017, allottees of real estate projects can come armed with the same kind of information, this time provided by the promoter or real estate developer itself, on the basis of which, prima facie at .....
Tag this Judgment!Court : Delhi
..... the issues involved was testing the vires of army rule 147a. the tribunal has adjudicated upon the issue as to whether the armed forces tribunal has the jurisdiction and power to test the vires of the provisions of the army act and has held that the armed forces tribunal cannot decide the vires of a provision of law or the subordinate ..... support the stand taken by the respondents in the review petition as regards the jurisdiction of the armed forces tribunal to test the vires of the army act and rules thereunder.9. faced with the judgment passed by the tribunal, the learned counsel for the petitioner submits that he will take appropriate steps to assail the judgment ..... legislation. despite observing that the tribunal had no power and jurisdiction to decide the vires, surprisingly, it has tested and examined .....
Tag this Judgment!Court : Delhi
..... him was mala fide, there is no specific averment made against any particular officer of the army, who is claimed to have acted mala fide against the petitioner or his father.9. pertinently, the armed forces tribunal did express any opinion on the factual aspects, and its decision was premised on purely technical question whether the chief of the army ..... is malice or conscious abuse. (emphasis supplied) 7. a perusal of the order passed by the armed forces tribunal in t.a. no.336/2009 shows that the tribunal found that the action taken by respondent u/s 70 of the army act was not warranted, and that the respondents should have tried the petitioner by holding a court martial u ..... behalf of the respondents submits that merely because the action taken against the petitioner u/s 70 of the army act was held to be illegal and not warranted in the facts of the case, and the armed forces tribunal held that the petitioner should have been tried under a court martial and by resort to section 69 of the .....
Tag this Judgment!Court : Delhi
..... courts and persons having by law or consent of parties authority to receive evidence; (b) the commanding officer of any military, naval, or air force station or ship occupied by the armed forces of the union, provided that the oath or affirmation is administered within the limits of the station. (2) without prejudice to the powers conferred by ..... is true . in order for an oath to be legally effective, it must be (iv) administered by a public official a declaration made according (v) competent tribunal or officer, to tell the truth .. to law, before a 15. the purpose of requiring an applicant to make a declaration on oath that he is not ..... learned financial commissioner has rejected the revision petition preferred by the petitioner, which had been preferred by the petitioner under section 116 of the delhi cooperative societies act, 2003 to assail the order dated 16.03.2010 passed by the registrar of cooperative societies. the registrar of cooperative societies vide order dated 16.3.2010 .....
Tag this Judgment!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 .....
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