Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 33 exclusion of jurisdiction of civil cases Court: mumbai Page 1 of about 47 results (0.348 seconds)

Major Yogesh Chandra Madhav Sayanakar and anr. Vs. the Chief of Army S ...

Court : Mumbai

..... in the reply affidavit, the respondents have opposed the writ petition on the following grounds :-(i) the petitioner has an alternate remedy under section 14 of the armed forces tribunal act for challenging the impugned order.(ii) the application of petitioner no.1 for automatically considering release from service in accordance with the provisions of army order on the ..... (2).(e) article 33 of the constitution of india confers power on the parliament by law to restrict fundamental rights of members of the armed forces. restrictions imposed by section 21 of the army act, 1950 and rules 19 to 21 of the army rules, 1954 are only in respect of certain fundamental rules (right to form associations, ..... , manu/sc/0046/2000 at paragraphs 30, 31 and 32).(g) no alternative remedy is available to petitioner no.2 who is not a member of the armed forces.even as far as petitioner no.1 is concerned, the matter already having been examined by this court, petitioner no.1 is entitled to approach this court, .....

Bhagwan Bajirao Bhargude and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR215; 2005(1)BomCR40; 2004(4)MhLj1010

..... law practitioners' case (supra).27. the amending act is also liable to be struck down on yet another ground. under article 227(1), every high court has superintendence over all courts and tribunals within its territorial jurisdiction, except those which are constituted under a law relating to armed forces. this includes the power to call returns from ..... as the state could not become arbiter in its own cause. on the commencement of bombay revenue tribunal act, 1957 (for short 'the act of 1957'), the act of 1937 was repealed. the act of 1957 was intended to constitute a tribunal for the state of bombay to invest with jurisdiction to entertain appeals and revise decisions in certain ..... is the basic feature of the constitution but also dilutes the importance of the work the tribunal has so far been carrying out.22. the bombay revenue tribunal regulations, 1958 made under the act of 1958 have continued to remain in force by virtue of section 329(2) and section 336 of the code. these rules make .....

Bapu Dnyanu Patil Vs. Sadashiv Ramchandra Joshi

Court : Mumbai

Reported in : (1969)71BOMLR402; 1969MhLJ789

..... 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 of ..... of any land after it is purchased .by a tenant under section 32 should be disposed of in the manner laid down in section 15 of the act. section 32g- requires the tribunal constituted for the purpose of this group of sections to issue notices and determine the price to be paid for the lands by the tenants giving it certain ..... before the special deputy collector failed. the landlord took a revisional application to the revenue tribunal which was heard by a bench consisting of the president, and a member of the tribunal. the tribunal set aside the order on the ground that as section 32p of the act was applicable and as the tenant had not exercised the option within one year of .....

M/S.Advani Oerlikon Ltd. Vs. Machindra Govind Makasare and ors.

Court : Mumbai

..... the constitution confers on every high court a power of superintendence over all courts and tribunals throughout the territory, in relation to which it exercises jurisdiction, excepting any court or tribunal constituted by or under any law relating to the armed forces. the distinction between articles 226 and 227 of the constitution is that while proceedings under ..... of private rights of the parties and the object is to ensure that the law of the land is implicitly obeyed and that various authorities and tribunals act within the limits of their respective jurisdiction. consequently, it has been held that proceedings by way of a writ would not be appropriate in a ..... (ii) in excess of jurisdiction; or (iii) as a result of a failure to exercise jurisdiction. similarly certiorari can be issued where the court or tribunal acts illegally or improperly as for instance in breach of the principles of natural justice.6. having said this, it is well settled that while exercising the jurisdiction under .....

Rama Dhondu Date Vs. Krishnaji Bhikaji Kadam and ors.

Court : Mumbai

Reported in : 2003(2)ALLMR1029; 2003(4)BomCR365; 2003(2)MhLj664

..... the act only in favour of the respondent no. 3. that proceedings were commenced sometime in 1965 and ultimately allowed in favour of the respondent no. 3 by declaring him as deemed purchaser by order dated 19-8-1972. as mentioned earlier, the petitioner was away from the village as he was in the armed forces ..... dispute raised by the petitioner was essentially between two tenants and which dispute cannot be entertained by the tenancy authority. taking overall view of the matter the tribunal confirmed the order passed by the lower authority. these concurrent findings are subject matter of challenge in the present writ petitions.6. the learned counsel for ..... be sustained. the appellate authority has also observed that the petitioner has failed to produce any documentary or circumstantial evidence in support of his case. however, the tribunal has correctly noted that it is not in dispute that the registered lease deed was executed in 1944. in the circumstances, taking overall view of the matter, .....

Union of India (Uoi) Vs. R.K. Pathania

Court : Mumbai

Reported in : 2003(1)ALLMR239; 2003(3)BomCR110; 2003(1)MhLj516

..... the respondent carried that matter to the c.a.t. through original application no.608 of 1996. the c.a.t. exercised the jurisdiction under the administrative tribunals act, 1985 and interfered with the order passed by the estate officer and directed the estate officer to hear the respondent once again and decide the appropriate amount. ..... the facts leading to these petitions are as follows :the respondent has been in service of the union of india (income-tax department) after retiring from the armed forces. he has been a member of income tax settlement commission since december, 2001, prior whereto, he was a member of the central board of direct taxes. during ..... at the damage rent, though excessively.11. having heard both the counsel, we have perused the definition of service matters under section 3(q) of the administrative tribunals act, 1985, which reads as follows:(q) 'service matters', in relation to a person, means all matters relating, to the conditions of his service in connection with .....

Bhaulal Chandulal Jivari Vs. Prabhakar Bhalchandra Jakatdar

Court : Mumbai

Reported in : (1976)78BOMLR598; 1976MhLJ907

..... that the legislature has not mentioned in the section other classes of the landlords who have been mentioned' in section 32f of the tenancy act clearly shows that only those landlords who belonged to the armed forces are excluded. it is true, that sub-section (2) of section 320 says that the provisions of sections 32 to 32n and ..... area.(1a) a tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the tribunal in the prescribed manner within the period specified in that sub-section.(2) the provisions of sections 32 to 32n (both inclusive) and of sections 32p, 32q and ..... respondent no. 1-landlord. the appeals filed by the tenants were dismissed by the sub-divisional officer, jalgaon. applications for revision were also dismissed by the maharashtra revenue tribunal. it is against these orders that these two petitions have been filed.4. there is no dispute about the facts of the case. in this case, the only .....

Sandeep Alias Sanjay Vithal Shinde Vs. the State of Maharashtra,

Court : Mumbai

Reported in : 2004CriLJ3678

..... ) 'unit' includes a regiment, corps, ship, detachment, group, battalion or company.(b) 'court-martial' includes any tribunal with the power similar to those of a court-martial constituted under the relevant law applicable to the armed forces of the union.6. plain reading of the above quoted provision discloses that section 475 of the said code has two ..... martial.- (1) the central government may make rules, consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (65 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in fore, as to cases in which person subject ..... to the offences triable by such court. it, however, empowers the central government to make rules consistent with the said code and the army act and other laws relating to the armed forces in order to subject the army personnel to the court martial for the offence committed by such army personnel. the petitioner has not been able .....

The Oriental Construction Co. Vs. Commissioner of Cen. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(105)ECC400

..... of power, or is ordinarily so carried on - but does not include a mine subject to the operation of [the mines act, 1952 (35 of 1952)] (355 of 111952), or a mobile unit belonging to the armed forces of the union, railways running shed or a hotel, restaurant or eating place. [ explanation 1 - for computing the number of ..... of structurals and machineries (bokaro) private ltd. v. collector of central excise . it is submitted on behalf of the revenue that there are conflicting views taken by the tribunal and that such conflicting vies have been taken even after the impugned order. in one of these subsequent judgments, in the case of richardson & cruddas (1972) ltd. ..... followed the apex court decision in a.p. state electricity board v.collector in the case of mahindra & mahindra ltd. cited supra, the bench has distinguished the tribunal's decision in aruna industries v. collector 1996 (25) elt 580 in which it was held that fabrication of structures at the construction site cannot be considered as .....

Shakuntala Bansidhar Gadekar Vs. Union of India, Through Secretary, Mi ...

Court : Mumbai Aurangabad

..... available, the petition was disposed of, leaving open to the petitioners to avail the alternative remedy. the petitioners filed original application no.73/2012 before the armed forces tribunal, regional bench at mumbai, seeking direction to the respondent nos.1 to 5 to recover 50% final settlement account, and afpp fund amount from the ..... the dependants, and therefore, para 11.3 of the said letter scheme is contrary to the provisions of section 21 of the hindu adoption and maintenance act, 1956, and section 125 of the criminal procedure code. the learned counsel invited our attention to the provisions of section 125 of criminal procedure code and submits that, the ..... remarriage, whichever is earlier, and the said definition of widow, is in accordance with law and in accordance with the provisions of hindu adoption and maintenance act, 1956. according to the learned counsel appearing for the petitioners, after the re-marriage, the status of widow as family member vanishes and she becomes .....