Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... owned or controlled by the government. parliament enacted armed forces tribunal act for adjudicating the service matters/disputes of the persons subject to army act , navy act and air force act. the preamble of the act reads as under:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, ..... .o.17(e)-in exercise of the powers conferred by sub-section (4) of section 5 of the armed forces tribunal act, 2007 (55 of 2007), the central government notifies the bench of the armed forces tribunal at chandigarh with effect from 16th day of november, 2009, which shall have jurisdiction within the territorial limits ..... .o.18(e)-in exercise of the powers conferred by sub-section (4) of section 5 of the armed forces tribunal act, 2007 (55 of 2007), the central government notifies the bench of the armed forces tribunal at kolkata with effect from 23rd day of november, 2009, which shall have jurisdiction within the territorial limits .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... petition was transferred to this bench under section 34 of the armed forces tribunal act, 2007 and is registered here as t.a.(appeal) no.104 of 2010. it may be mentioned that the proceedings ..... charge under army act section 69 for committing the civil offence under section 302 of the ranbir penal code and accordingly sentenced him to suffer imprisonment for life and also directed him to be dismissed from service along with the penalty of reduction to ranks. after the establishment of this bench of the armed forces tribunal, the writ ..... not found on ingate guard duty though other guards were there. at about 22 40 hours a cracker burst like sound was heard in the vicinity by several armed forces personnel including officers. after a gap of 20 - 25 seconds, four rounds of cracker burst like sound was also heard. the people started moving here and .....
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 : Punjab and Haryana
..... . through the march of time and various reports of numerous committees and commissions, including the law commission, the idea culminated into the formation of the aft through the armed forces tribunal act, 2007 (for short the act ). the cardinal principle behind all such reports and observations of the courts and also the statement of objects and reasons was singular, that is, independence . cwp no.10751 ..... as the parent ministry as is the case at present, in line with the directions of the hon ble supreme court in union of india vs. r. gandhi since the armed forces tribunal act, 2007, nowhere grants power to the ministry of defence to take over the rule making powers, authority, functioning, appointments, infrastructure, manpower or administrative support of the .....
Tag this Judgment!Court : Uttaranchal
..... , inter alia, pending before a high court, which would have fallen within the jurisdiction of a tribunal, had such proceeding arisen after the establishment of the armed forces tribunal, are mandatory to stand transferred to the armed forces tribunal on the date on which the tribunal was constituted. section 34 of the armed forces tribunal act, 2007 is being reproduced hereunder:34. transfer of pending cases.--(1) every suit, or other proceeding ..... was re-numbered as writ petition (s/b) no. 78 of 2008. after the promulgation of the armed forces tribunal act, 2007, a petition assailing the proceedings of a summary court martial, and the order passed thereupon, would only lie to the armed forces tribunal under section 15 of the armed forces tribunal act, 2007. section 15 is being extracted hereunder:15. jurisdiction, powers and authority in matters of appeal against .....
Tag this Judgment!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 : Uttaranchal
..... , inter alia, pending before a high court, which would have fallen within the jurisdiction of a tribunal, had such proceeding arisen after the establishment of the armed forces tribunal, are mandatory to stand transferred to the armed forces tribunal on the date on which the tribunal was constituted. section 34 of the armed forces tribunal act, 2007 is being reproduced hereunder:34. transfer of pending cases.-(1) every suit, or other proceeding ..... the petitioner was renumbered as writ petition (s/b) no. 125 of 2007. after the promulgation of the armed forces tribunal act, 2007, a petition assailing the proceedings of a summary court martial and order passed thereupon would only lie to the armed forces tribunal under section 15 of the armed forces tribunal act, 2007. section 15 is being extracted hereunder:15. jurisdiction, powers and authority in matters of appeal against .....
Tag this Judgment!Court : Supreme Court of India
..... follows: (i) the power of judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including the armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india (ii) the jurisdiction of the high court under article 226 and this ..... law laid down in l. chandra kumar (supra).15. ms. dwivedi, placed reliance on the observations made in major general shri kant sharma (supra) that, jurisdiction of the tribunal constituted under the armed forces tribunal act is in substitution of the jurisdiction of the civil court and the high court so far as it relates to suit relating to condition of service of the persons .....
Tag this Judgment!Court : Supreme Court of India
..... supplied) this provides the qualifications, terms and conditions of service etc. of chairpersons and members of the appellate tribunal. this provision shows total non-application of mind because the armed forces tribunal act, 2007 has no provision for an appellate tribunal. in fact, section 6 of the armed forces tribunal act, 2007 itself provides the qualifications for appointment for chairperson and other members and it is not clear what was ..... binding on the high court under article 141 of the constitution of india, allowing the aggrieved person to avail the remedy under section 30 read with section 31 of the armed forces tribunal act.44. the high court (the delhi high court) while entertaining the writ petition under article 226 of the constitution bypassed the machinery created under sections 30 and 31 of the .....
Tag this Judgment!Court : Supreme Court of India
..... in that behalf must either be articulated in writing or be available on record, specially when the matter can be considered on merits by a tribunal, with the coming into force of the armed forces tribunals act, 2007. 5 11 in a review petition5 filed by the union of india, the earlier judgment was clarified on 16 february 2017 in the ..... behalf of the appellant has submitted that this would meet the ends of justice. 15 we accordingly allow the appeal and modify the impugned order of the armed forces tribunal in the above terms. the appellant shall stand discharged from service on the completion of the minimum pensionable service with the result that he would be ..... chandrachud, j judgment12 admit. this appeal arises from a judgment of the armed forces tribunal at its chandigarh regional bench dated 7 december 2015. the appellant was enrolled on 29 october 1996 in the 43 armed brigade and was at the material time posted as acting lance dafadar1. it is alleged that on 11 august 2007 while on duty .....
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