Court : Punjab and Haryana
..... for disability element of pension. we are conscious of the fact that the statutory appeal against such an order is provided under section 30 of the armed forces tribunal act, 2007 (for short the act ).however, having regard to the constitution bench judgment of the supreme court in the case of l. chandra kumar etc.versus the union of india ..... and strain referring to some provisions which we have taken note of above. as a result, impugned order of the tribunal is hereby set aside. consequently o.a.filed by the petitioner before the armed forces tribunal is allowed. however, since the petitioner was boarded out of service in the year 1986 but he approached the court ..... denied and it is this element of pension which he claimed by filing o.a.before the armed forces tribunal, chandigarh, regional bench (for short the tribunal ).this o.a.cwp no.6927 of 2011 -3- is dismissed by the learned tribunal vide its short order dated 14.1.2011 and the entire reasoning is contained in the following passage .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... the applicant and the respondent no.4 being private in nature, cannot be said to be a dispute concerning a service matter as defined in section 3(o) of the armed forces tribunal act,2007, and as such, the instant o.a. is not maintainable. the proper course for the applicant is to seek declaration of her right as the widow of late o ..... dispute relating to legal heirship for the purpose of claiming family pension with regard to the service of an armed forces personnel is a dispute concerning service matter as defined in section 3 (o) of the armed force tribunal act, 2007 and is within the domain of the armed forces tribunal? . in our view, the said question is of general pubic importance involved in the decision, therefore, we consider .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... of karnataka at bangalore, challenging his discharge from service with effect from 12.5.2008. after the establishment of the tribunal at kochi, the matter was transferred to this bench under section 34 of the armed forces tribunal act and has been registered here as t.a.no.4 of 2011. the applicant was enrolled in the indian army ..... court of karnataka at bangalore, challenging the order of his discharge from the army. after the establishment of the tribunal at kochi, the matter was transferred to this bench under section 34 of the armed forces tribunal act and has been registered here as t.a.no.240 of 2010. the applicant was enrolled in the indian army ..... of karnataka at bangalore challenging the order issued by the respondents discharging him from service. after the establishment of the tribunal at kochi, the matter was transferred to this bench under section 34 of the armed forces tribunal act and has been registered here as t.a.no.239 of 2010. the applicant was enrolled in the indian army .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... , powers and authority exercisable under this act in relation to appeal against any order, decision, finding or sentence passed by a court martial or ..... the petition should have been filed under army act section 164 read with para 365 of regulation for the indian army 1987. notwithstanding this aspect, more than six months have elapsed after submission of the complaint. section 15 of the armed forces tribunal act 2007 states the tribunal shall exercise from the appointed day, all jurisdiction ..... are also clear that the instant case cannot be compared with the application which the chennai bench of armed forces tribunal had allowed in part. therefore, we are of the considered opinion that the respondents have acted as per the law and there is no requirement for us to interfere in this case. 22. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... have considered all these judgments and bestowed our best of consideration. all the tribunals functioning all over the india are creation of statute under the armed forces tribunal act, 2007. they are all statutory tribunals and they are bound by statutory provisions. section 22 of the armed forces tribunal act, 2007 reads as under; 22. limitation (1) the tribunal shall not admit an application (a) in a case where a final ..... satisfied that the applicant had sufficient cause for not making the application within such period. section 21 of the central administrative tribunal act is para material with that of section 22 of the armed forces tribunal act 2007. as such, decision of honble supreme court given in the case of d.c.s. negi versus union of india and ors. (supra) squarely covers this case. in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... honourable high court of andhra pradesh challenging the impugned orders of the respondents. after the constitution of this armed forces tribunal, regional bench at chennai, the said writ petition has been transferred to this tribunal under section 34 of the armed forces tribunal act and renumbered as t.a.no.11 of 2011. practically this is an appeal against the conviction of ..... the court martial under section 15 of the armed forces tribunal act 2007.2. the applicant-umesh kumar singh is represented by his father sri chandrapati singh. the applicant had filed the writ petition before the honourable ..... metropolitan magistrate at visakhapatnam for the charge of bank robbery vide crime no.34/1998 under sections 392 and 342 of ipc and under section 25 of the arms act. the case was taken over by the navy under the provisions of section 475 of cr.p.c. read in conjunction with criminal courts and courts martial .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... high court of andhra pradesh claiming family pension for his deceased mother. after the constitution of the armed forces tribunal, regional bench at chennai, as per the provisions of the armed forces tribunal act, 2007, the said writ petition was transferred to this tribunal and reassigned t.a.no.62 of 2010. the petitioner has challenged the impugned order in ..... tribunal by the learned counsel for the petitioner viz. smt.harnandi vs. union of india and others reported in 2002(2) slj 49, wherein the relevant dictum in a case of similar nature runs as follows:- there is no provision in the act or rules envisaging automatic termination of service of a member of armed forces ..... it was thus evident that a desertion by itself did not and would not bring about cessation or termination of the service of a member of the armed forces whose service remained otherwise intact despite being declared a deserter, unless, of course, he was dismissed, removed or discharged under an appropriate order passed by .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 1.7.1997 passed by the director, defence service corps (in short dsc) rejecting his claim for re-enrolment. the same was transferred to this tribunal on 8.9.2009 under the armed forces tribunal act of 2007. 2. the applicant, born on 1.6.1963, was enrolled in the corps of signals on 6.7.1984 and was undergoing training ..... 153 days service in the army. the minimum qualifying service for eligibility for re-enrolment in the dsc is five years colour service. further the persons discharged from armed forces under the clause services no longer required are also not eligible for enrolment in the dsc as per relevant policy. the applicant therefore did not meet the requisite eligibility ..... order by the directorate of dsc on 1.7.1997 (annexure a-1) on the grounds that he had not completed five years of qualifying service in the armed forces. the applicant submits that this was an illegal stipulation and could have been relaxed in his case. he contends that on the basis of his previous service rendered .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... , (2008) 9 scc 161) 11. moreover, the constitution itself has provision in the form of article 227(4), for specifically excluding high courts power of superintendence and control over this tribunal, which has been created under the armed forces tribunal act, 2007. it reads (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or ..... would have resulted into an unnecessary delay in the proceedings of the court of inquiry. 5. by virtue of section 34 of the armed forces tribunal act, 2007, brought into force w.e.f. 07.08.2009, the petition stood transferred to this tribunal. it was dismissed on merits, by a bench comprising justice manak mohta and lt gen z. u. shah, for the reasons recorded .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... which is a constitutional remedy, provided under the constitution of india. so far as right to approach armed forces tribunal is concerned, it is a statutory right also governed by section 22 of the armed forces tribunal act. before discussing section 22 of the armed forces act, we may point out that the decision of shiv dass (supra) was rendered by the apex court ..... in the peculiar circumstances?as noted in para 11 of the report. therefore, it should be understood in that context. section 22 of the armed forces tribunal act, 2007 provides the period of limitation for filing a petition. for the sake of convenience, the aforesaid section is reproduced below :- 22. limitation. (1) the ..... dated 22.3.2011 ..?. the letter dated 22.3.2011 is reply to the legal notice under section 80 cpc. section 21 of the armed forces act 2007 provides that tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army .....
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