Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 4 establishment of armed forces tribunal Court: kolkata Page 2 of about 59 results (0.112 seconds)

Md Najrul Islam Vs. the Union of India, Service Through the Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... kumar gupta, member (judicial) 1. the writ petition which was filed before the calcutta high court was transferred to this bench as per provision of the armed forces tribunal act 2007 and renumbered as t a 19 of 2010. 2. the fact as stated in the application may be summarized as follows:- 3. the petitioner joined ..... its letter and spirit. it is claimed that as per army order 4 / 2000, the signed complaint, as submitted against the applicant, being a member of the armed force, was investigated and in the instant case a court of enquiry was convened to investigate the circumstances leading to the incident. they have claimed that after consideration of ..... did not append the certificate that the child understood the duty of speaking truth, the statement by a child does not automatically become in effective and its probative force will not suffer on that ground. after all keeping a record of preliminary examination is not a condition precedent for taking into consideration the evidence of a child .....

NavIn JaIn and ors. Vs. State Bank of India and anr.

Court : Kolkata

Reported in : AIR2002Cal223,(2002)2CALLT492(HC),2002(2)CHN294,[2003]116CompCas62(Cal)

..... .(4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court of tribunal constituted by or under any law relating to the armed forces.'11. by virtue of article 226 of the constitution this high court shall have power to issue appropriate order even if ..... application under article 226 of the constitution was maintainable before delhi high court against an order passed by the appellate tribunal constituted under section 35b of the central excises act. merely because such appellate tribunal was located at delhi notwithstanding the fact that the assessee/factory was situated in madhya pradesh. such question was ..... government of andhra pradesh and ors. reported in : air1981kant187 is one where the writ petitioner, a co-operative society registered under karnataka co-operative societies act, 1959 was running a sugar factory at gouribidanur in kolar district in karnataka which is at a distance of 15 kilometers away from karnataka and andhra pradesh .....

Corporal Jayabrata Ghatak Vs. Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... outset pleaded that the case of issue of noc is not within the purview of section 3 (o) (ii) where various subjects that are within the jurisdiction of the armed forces tribunal (aft) act are listed; in this sub clause, there is no mention of issue of noc on subject closely related. therefore, he pleaded this case is not tenable by the aft ..... authorities are well within their rights to do so. he also referred to serial eight of the right to information act wherein mater of security are exempt from being disclosed. he further emphasizes that grant of noc by the air force authorities is a matter of privilege as no individual can demand it. this is clearly spelt out in both the ..... may 2009. 36. the applicant not satisfied with the rejection of his request for noc filed a w.p. in the calcutta high court and subsequently transferred to this tribunal. the plea of the applicant is that rejection of his request for noc first on grounds that the appointment was not as per the guidelines of afo 14/2008 .....

Md. Imran Ali Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(4)CHN58,[2008(117)FLR112]

..... the morale of the entire battalion has brought to jeopardy. as such the punishment inflicted upon him is lawful and proper. hence the judgment and order of the learned tribunal does not call for interference and the application should be ..... infirmity is committed. the learned tribunal has found it that the enquiry proceedings has been initiated and concluded following the relevant rule. as far as quantum of punishment is concerned the same is absolutely within the domain of the disciplinary authority. the petitioner being a member of the disciplined armed forces has acted in such a manner that ..... while he along with nvf haradhan mondal were performing night patrol duty on 14/15.11.1996 at jalangi bazar did some acts (emphasis supplied) which is violative of discipline norms of police force. had the c/1.89 md. imran ali not sent the nvf in dereliction of his bona fide duty, the incident .....

Ratan Kumar Dhauria Vs. L. Union of India

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... order dated 7. 1. 2010 passed by the learned single judge of the said high court, the writ petition was transferred to this tribunal as per provision of the armed forces tribunal 2007 act and same was taken into the file of this tribunal and renumbered as t. a no. 16 of 2010 2. this case pertains to the appeal filed by ex l/nk ( ..... the accused/petitioner was further informed that in case he had objection in respect of such person, he was at liberty to mention the name of another person to act as a friend of the accused during the court martial proceeding. this second paragraph is a clear proof that the commanding officer was not biased and allowed reasonable opportunity ..... scope to get proper justice at the hands of such a person. the learned advocate for the respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. section 116 runs as follows :- (1) a summary court martial may be held by the commanding .....

Calcutta Mint Employees' Union and Ors. Vs. Union of India (UOi) and O ...

Court : Kolkata

Reported in : (2005)1CALLT95(HC)

..... to the learned counsel for the respondents section 2 of the administrative tribunals act 1985 (hereinafter termed as 'said act') provides that the provisions of the act shall not apply to:a) any member of the naval, military, or air forces or of any other armed forces of the union;b) any officer or servant of the supreme ..... counsel for the petitioners submitted that the mazdoors of calcutta mint don't fall within the categories of employees mentioned under section 14 of the administrative tribunal act, 1985 and the cat have no jurisdiction to entertain any dispute regarding their service condition because mazdoors are not in civil service or not in ..... 4. according to the learned counsel for the respondents this writ petition should have been moved before the administrative tribunal inasmuch as the petitioners are central government employees/workers covered under the administrative tribunals act 1985. in such a situation the matter was heard on the preliminary point as to whether the writ .....

Lt. Col. Amal Sankar Bhaduri Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1987)0CALLT1(HC),91CWN631

..... in part iii of the constitution. the extent of restrictions necessary to be imposed on any of the fundamental rights in their application to the armed forces and the forces charged with the maintenance of public order for the purpose of ensuring proper discharge of their duties and maintenance of discipline among them would necessarily ..... in article 227(4). the framers of the constitution obviously, therefore, did not intend that there should be a similar embargo in respect of military tribunals under article 226 of the constitution. whereas in article 227 the power of interference is restrictive in nature the powers conferred under article 226 is of very ..... of the convening officer in regard to the initiation of a court martial proceedings as against the petitioner.53. the second charge reads as follows :'an act prejudicial to good order and military discipline, in that he at panagarh while officer commanding military hospital, panagarh in properly and without authority permit no. 13920ck2 .....

Union of India (Uoi) and ors. Vs. Major General Arun Roye, Avsm, Vsm a ...

Court : Kolkata

Reported in : 2008(2)CHN192

..... (supp) scc 559 (paragraphs 2 & 4), the hon'ble supreme court in the facts of that case was dealing with competing claims of two officers of the armed forces. in that factual background the hon'ble supreme court, inter alia, held that the policy statement of 1964, although not issued under any rules or regulations or statute ..... no. 8. since the respondent was also a member of scheduled caste he preferred an appeal against the said order before the rajasthan civil services appellate tribunal wherein he complained that his junior had been promoted while he himself had been overlooked wrongly. it was on this factual backdrop the matter went up before ..... decision-making was motivated on the consideration of probity. the government has to rise above the nexus of vested interests and nepotism and eschew window-dressing. the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions. therefore, the principle of governance has to be tested .....

Krishna Kant Pandey and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... air2005sc3341 , it was contended that the scope of interference by the courts in regard to members of armed forces is far more limited and narrow but it is for the higher authorities to decide when and where a member of the armed forces should be posted. it was held that 'the courts should be extremely slow in interfering with an ..... that unless such order is passed mala fide or in violation of the rules of service and guidelines for transfer without any proper justification, the court and the tribunal should not interfere with the order of transfer. in a transferable post an order of transfer is a normal consequence and personal difficulties are matters for consideration ..... such persons. but answer to the problem does not certainly lie in transferring them from one place to another or one division to another. the moment authority acts on the basis that transfer is the way out, it invites interference. assuming that government servant or a member of the rpf is guilty of misconduct or .....

Raghu Nandan Mondal Vs. the Appeal Committee, West Bengal Board of Sec ...

Court : Kolkata

Reported in : (1992)1CALLT219(HC)

..... approval of the governor-(4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or . under any law relating to the armed forces.'5. in clause (2) (b) of article 227 it is stated that the high court may make and issue general rules and prescribe ..... . b. board of secondary education and ors.) made it clear that 'the appeal committee set up under section 22 of the west bengal board of secondary education act, 1963 is a tribunal over which the high court has the power of superintendence under article 227 of the constitution'9. mr. p. dutta, the learned advocate appearing on behalf of ..... first with this question and then to proceed with other points raised in the petition- the court requested mr. asok kumar ganguly, a learned advocate of this court, to act as amicus curide and he agreed.2. mr. kabir, the learned advocate for the petitioner (since elevated to the bench), argued that under part ii chapter v of .....