Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 33 exclusion of jurisdiction of civil cases Page 2 of about 933 results (0.092 seconds)

Wg Cdr (Retd) H.S. Lubana and Another Vs. Union of India Rep by Its Se ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... filed these petitions before the honourable high court of andhra pradesh, which have subsequently been transferred to this regional bench of the armed forces tribunal under section 34(2) of the armed forces tribunal act, 2007. 9. the respondents 1 to 3 in their common counter would contend that the petitioner in t.a.no.128 ..... order no.1(3)/98 d (pen / services), dated 27.05.1998. this tribunal has been specifically barred from exercising the power under articles 226 and 227 of the constitution of india under section 14 of the armed forces tribunal act, 2007. under such circumstances, even though the petitioners have filed these petitions under article ..... 226 of the constitution of india before the honourable high court of andhra pradesh, this tribunal cannot exercise the power conferred under article 226 of the .....

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

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 .....

Capt. N. Gopalakrishnan (Retired) Vs. Union of India, Rep by the Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... apex court of india. in this context, we would like to refer that central administrative tribunal cannot be compared with that of the armed forces tribunal constituted under armed forces tribunal act 2007 (act 55 of 2007). the preamble to the armed forces tribunal act 2007 reads as follows:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in ..... respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to .....

Dr. Y.S. Parmar Vs. Hira Singh Pal and anr.

Court : Himachal Pradesh

..... learned counsel for the respondant pointed out the, following highly significant facts, which have also been dealt with by the tribunal :- (i) amar singh, undoubtedly, was a member of the armed forces, as defined in section 123(7) (c) of the act. (ii) he did function as polling agent of the appellant at sheopur polling station no, 13 on 25-5- ..... on issues no, 8(i) and (ii), however, the tribunal held (1) that amar singh did canvass and work for dr. parmar in villages sheojpur, kanuwala and hari-pur and (2) that amar singh, a member of the armed forces of the union, was appointed by dr. parmar, to act as his polling-agent, at polling station sheopur no. 13 on ..... 25-5-1957. issue no. 11 was, accordingly, also decided in the affirmative. consequently, under issue no. 18, the tribunal held that dr. parmar had committed a corrput practice, .....

Jaswant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... judgment in jai narayan jakhars case (supra), with consequential benefits and arrears. the principal bench, relying upon the provisions of section 22 of the armed forces tribunal act held, that the tribunal cannot entertain the petition beyond six months, and, therefore, declined to issue the directions as prayed for. however, then relying upon the judgments of ..... 7.2009, and stipulates that no arrears shall be payable. then on the aspect of limitation, he submitted that, section 21 and 22 of the armed forces tribunal act do not comprehend within their purview the pensioners matters, as according to the learned counsel, section 22 applies to the matters covered by section 21, ..... the matters, the respondents raised objection about the petition being barred by time, and strong reliance was placed on the provision of section 22 of the armed forces tribunal act, to contend, that the limitation prescribed is six months, and even if computed from, any of the dates of the judgments, or the policy .....

Akhil G Vs. the Union of India and Others

Court : Kerala

..... whether the proper forum for adjudicating the grievances of the petitioner is not the armed forces tribunal under the armed forces tribunals act, 2007. 2. the central government counsel appearing would submit that there is still some doubt regarding the same since in respect of appointment and enrolment, the tribunal takes a view that the tribunal does not have jurisdiction in so far as going by the definition of ..... service matters in section 3(o), only over persons subject to the army act, 1950, the tribunal .....

Soudamini Vs. Kunhathi

Court : Kerala

Reported in : 2012(3)KLT96

..... p4 order on the aforesaid application. that orders reads thus: heard. the civil court has no jurisdiction to entertain the petition as per s.33, 34, 35 of armed force tribunal act, 2007. no interim relief is (sic) such relief can be granted. the suit is also dismissed. hence no such direction can be granted. hence interlocutory application dismissed. ..... subject to the army act, 1950, navy act, 1957 and air force act, 1950 sub-s. (2) of ..... whose services are governed by the provisions of the india army act. 7. suit was laid much before the coming into force of the armed forces tribunals act, which received the assent of the president on 20.12.2007, and came into force on 15.6.2008. s.2 of the act covers the ambit and also its applicability to all persons, .....

Bhatt Jagdish Vs. the Director, Directorate of Auxiliaries and Reserve ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... and mr.k.m.jamaludeen for the respondents and perused the records. 2. by this original application under section 14 of the armed forces tribunal act, 2007, the applicant bhatt jagdish, a former corporal, has impugned his discharge from the indian air force which was implemented from 1st december 1962 and has also claimed the declaration that he continued in service upto 15th may 1965 ..... due to which they normally find it very difficult to raise their grievances before appropriate forum. before the establishment of the armed forces tribunal, there was no appropriate and efficacious judicial forum for redressal of the grievances of the armed force personnel. therefore, the armed forces personnel had ordinarily no occasion to raise their genuine grievances on judicial side and they got this opportunity only on the .....

Lt. Col. S.K. Goswami, Sm (ic-53992h) S/O Lt. Col. G.S. Goswami (Retd. ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... transfer of applicant from one regiment to another regiment. in this connection he drew our attention towards section 3(o) of the armed forces tribunal act, 2007. according to him this tribunal would not have jurisdiction to adjudicate the present dispute as transfers and postings including the change of place or unit on posting are ..... not fall within the exclusion clause of the service matter as defined under section 3(o) of the armed forces tribunal act, 2007, therefore this tribunal has the jurisdiction to adjudicate upon the matter. 6. section 3(o) of the armed forces tribunal act, 2007 reads as follows :- 3(o) service matters , in relation to the persons subject to ..... , the same falls within the ambit of word transfer as defined under section 3(o) of the armed forces tribunal act, 2007. thus in our considered opinion the impugned order amounts to transfer. this being so this tribunal does not have jurisdiction to delve upon the dispute raised in the original application. 12. in view .....

A.K. Isahak Kunju Vs. Union of India, Represented by Its Secretary(Def ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... court of kerala at ernakulam by way of filing writ petition (civil) no.35353/2008, which has subsequently been transferred to this armed forces tribunal, regional bench, kochi under section 34 of the armed forces tribunal act 2007, after the constitution of the same, and renumbered as t.a.no.117 of 2010. 2. the averments in the ..... p), allahabad. the third re-survey medical board was held on 30.10.1995. however, the medical advisor (pension), the representative of the director general of armed forces medical service (highest medical authority for disability pension) has considered the disability of the applicant at less than 20% (15-19%) by rendering his second opinion as ..... government of india, ministry of defence, new delhi dated 31st january, 2001. para 7.2 of the said g.o. reads as follows: when an armed forces personnel is invalided out under circumstances mentioned in para 4.1 above, the extent of disability or functional incapacity shall be determined in the following manner for .....