Court : Allahabad
..... i of the said act deals with preliminaries; section 1 proceeds to deal ..... the supreme court. the armed forces tribunal bill received the assent of the president on 22.12.2007 and was known as the armed forces tribunal act, 2007 (55 of 2007).15. after the armed forces tribunal act has been introduced and the armed forces tribunal has been established, the scheme and salient features of the act are being looked into:chapter ..... qua army personnel were pending in court for long time, and in order to provide one speedy forum for judicial review, the provisions of armed forces tribunal act has been introduced, wherein provisions has been made for adjudication of dispute of such service matters by bench, comprising of one judicial member and .....
Tag this Judgment!Court : Chennai
..... the pendency of the special leave petitions will not be an impediment for the high courts to entertain the writ petitions against the orders of the armed forces tribunal.15. therefore, the learned advocate general stated that the issue of maintainability is not so far finally decided, either by this court or by the ..... dispute, land reforms, elections, essential goods, etc.18. in pursuance of the power so vested under article 323a, the parliament enacted the administrative tribunals act, 1985. the act created the tribunal as a substitute for the high court and ousted the jurisdiction of all courts including that of the high court under article 226. therefore, ..... of jurisdiction' clauses in all similar enactments also as unconstitutional.35. therefore, if the parliament had actually included in section 29 of the national green tribunal act, 2010, a specific exclusion of the jurisdiction of the high courts under articles 226/227, the same would have been hit by the express declaration .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... to armed forces tribunal, regional bench at lucknow, under section 34(2) of the armed forces tribunal act, 2007 and renumbered as t.a.no.898 of 2010 before the armed forces tribunal, regional bench at lucknow. thereafter, on petition by the applicant, from the armed forces tribunal, principal bench at new delhi, the same was transferred to this armed forces tribunal, regional bench, chennai on the point of jurisdiction under section 27 of the armed forces tribunal act 2007 ..... the applicant has not exhausted the statutory remedy available to him under section 164(2), after the armed forces tribunal act 2007 came into force, the appeal power against the verdict of the dcm and all court martials have been vested with this tribunal under section 15 of the armed forces tribunal act 2007. under such circumstances, we hold that the impugned order of dcm against the applicant/appellant is .....
Tag this Judgment!Court : Supreme Court of India
..... came up before this court. in the above context, this court also examined the question as to whether after coming into the force of the armed forces tribunal act, 2007, it shall be the armed forces tribunal which shall deal with the controversy or the high court has jurisdiction under article 226 of the constitution of india. the judgment ..... and we are of the opinion that as per section 2 read with section 13 3(o) of the armed forces tribunal act, 2007, this tribunal has limited jurisdiction to deal with the service conditions of the army act and rules, but, the present case, which relates to non-selection of the petitioner by the drdo for ..... shri sandeep sethi, learned additional solicitor general submits that the claim raised by the appellant before the armed forces tribunal is not covered by the definition of the service matter as defined in section 3(o) of the armed forces tribunal act, 2007. he submits that denial of permanent secondment was made by dgqa selection board. no order was .....
Tag this Judgment!Court : US Supreme Court
..... councilman weighs in favor of abstention in this case. first, hamdan is not a member of our nation s armed forces, so concerns about military discipline do not apply. second, the tribunal convened to try hamdan is not part of the integrated system of military courts, complete with independent review panels, ..... the comity considerations councilman identified weighs in favor of abstention here. first, the assertion that military discipline and, therefore, the armed forces efficient operation, are best served if the military justice system acts without regular interference from civilian courts, see id., at 752, is inapt because hamdan is not a service member. ..... 415 f. 3d, at 36 37 (discussing councilman and new ). first, military discipline and, therefore, the efficient operation of the armed forces are best served if the military justice system acts without regular interference from civilian courts. see councilman , 420 u. s., at 752. second, federal courts should respect the balance that .....
Tag this Judgment!Court : Delhi
..... demitting office on the 23rd of february 2011. therefore, on the 23rd of february 2011, he had filed a petition being o.a.no.81/2011 before the armed forces tribunal under section 14 of the armed forces tribunal act, 2007 for quashing the order directing him to demit office in the afternoon of 23rd february, 2011 as he has attained the age of superannuation. lieutenant general ..... of administrative discretion by the respondents. it is also necessary to bear in mind that this court is considering a challenge to an order passed by the armed forces tribunal in exercise of its jurisdiction under the armed forces tribunal act, therefore, exercise of statutory discretion. in this regard, reference requires to be made to binding judicial pronouncements of the supreme court of india which would guide .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... challenge by the petitioner to the evidence which has been led before the court martial. it is submitted that section 17 of the armed forces tribunal act, 2007 confers the power on the armed forces tribunal to inter alia re-appreciate the evidence and to receive evidence. it is submitted that the right to appeal is a fundamental ..... order passed by the general court martial and the confirming authority in the statutory appeal by the petitioner was therefore completed long before the coming into force of the armed forces tribunal act, 2007 on 14th june, 2008.12. in this background, this court does not have jurisdiction to give liberty to the petitioner to challenge ..... limitation which is prescribed under the said enactment, would also require to be considered at the time the appeal, if any, is preferred by the armed forces tribunal act, 2007. the present application is consequently bereft of any legal merit.13. it is noteworthy that the writ petition was decided on a consideration of the .....
Tag this Judgment!Court : Supreme Court of India
..... of law and facts against verdicts of court martial, the absence of which had led to adverse comments from this court. on the bill ultimately being passed, the armed forces tribunal act, 2007, (hereinafter referred to as the said act ) came into being with effect from 15.06.2008 and saw some amendments subsequently. 1 (1982) 3 scc140 2 legal conundrum:3. on the said ..... of 2023 @ slp(c) no.5111/2016 w.p.(c) no.76/2016 judgment sanjay kishan kaul, j.the prelude to the armed forces tribunal act, 2007:1. a large number of cases relating to service matters of members of the three-armed forces of the union of india had been pending in courts for a considerable period of time and, thus, the central government 1 .....
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