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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. this petition filed in the high court of punjab and haryana at chandigarh is taken up on transfer to this tribunal under section 14 of the armed forces tribunal act, 2007. 2. the petitioner in his petition seeks quashing of impugned order dated 22.01.2009 (annexure p-22) vide which the petition/legal notice against denial of extension in ..... while assessing officers with disciplinary background, the gravity and nature of the offence which was committed should be taken into consideration by the board. cases involving moral turpitude, gross negligence, acts of cowardice or un-officer like behaviour which reflects the moral fibre of an officer will not be recommended for permanent commission. 14. of the 106 sscos of no 57 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
this civil suit filed in the court of civil judge, junior division, pathankot, is taken up on transfer to this tribunal under section 14 of the armed forces tribunal act, 2007. the suit was filed seeking declaration to the effect that the petitioner was entitled to disability element of pension for the disability suffered while in service. the averments are ..... cell layer under the macula. large and soft drusen are related to elevated cholesterol deposits and may respond to cholesterol-lowering agents.? then, judgment of honble kochi bench of this tribunal in o.a no. 194 of 2012 titled stuvart c, s/o chellayyan, aged 52, no.14906642 x hav ist mech inf (1 madras ) versus union of india and others .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. this petition filed in the punjab and haryana high court at chandigarh is taken up on transfer to this tribunal under section 14 of the armed forces tribunal act, 2007. by this petition, the petitioner prays for grant of disability element of disability pension w.e.f. 1.12.2002. 2. during the pendency of the petition, the petitioner ..... the medical board, which opined the disability to be congenital, not related to military service and neither attributable to nor aggravated by military service. 13. the petition, thus, has no force, and is dismissed.
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... be shown towards the petitioner on any ground. the sentence awarded under the circumstances can be said to be proper and adequate and calls for no interference by this tribunal. 21. we accordingly hold that there is no merit in the petition filed by the petitioner which is dismissed accordingly. 22. the petitioner is on bail. therefore, ..... enemy territory and was taken in custody by the pakistani army officials. 2. it was further alleged that the petitioner was released from the custody of the enemy forces on 10.08.2004 near the line of control when he was apprehended by 25 punjab unit and was brought before the competent authorities. on return from pakistan ..... that the proceedings were conducted in violation of some rules or the respondents were biased towards the petitioner. it was further submitted that all the provisions of the act and the rules framed there-under were complied with and a confessional statement had been made by the petitioner in court of inquiry which proves the guilt of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... large number of defence pensioners and was of general public importance, the respondents be granted leave to appeal to the honble supreme court in accordance with section 31 of the armed forces tribunal act, 2007. 41. perusal of the judgment in the case of jaswant singh (supra) and the fact that a large number of pensioners are affected thereby, we are of the ..... learned counsel for the respondents stated that the question of restricting arrears to six months in accordance with the provisions of the armed forces tribunal act, 2007 or to 36 months in consonance with the limitation act was adjudicated and settled by this tribunal in a bunch of cases led by jaswant singh vs. union of india (oa 1111 of 2012, decided on 28.08 ..... public importance. we find merit in the prayer of the respondents and accordingly grant leave to appeal to the honble supreme court in accordance with section 31 of the armed forces tribunal act, 2007. 42. attested copy of this order be placed on the record of each case. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... the petitioner has filed the petition under section 14 of the armed forces tribunal act, 2007 claiming the following reliefs: (i) to give the notional promotion to the applicant of the rank of havildar along with all the consequential benefits i.e. refixed pension, arrears ..... not decided for a period of six months, he gets another six months to file the petition before this tribunal in case his representation is not decided. it is, therefore, clear that neither the petitioner made any representation nor sought any relief prior to the filing of the petition and ..... till he got issued a legal notice dated 30th may, 2012. there is no justification for not filing the petition during all these years. according to provisions 22 of the act, the petitioner had to make a representation to the authorities within six months of the date of the order. in case, he had made a representation and the same is .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... , which for the present cannot be said to be very material since after receipt of this petition, the same was registered as a petition under section 15 of the armed forces tribunal act, 2007 and it has to be treated as a regular criminal appeal filed by the petitioner against the findings of general court martial. there are no specific grounds of ..... controlling officers or the persons in authority and as such the confession made, if any, to them cannot be said to be relevant under section 24 of the evidence act. 24. in our view the statements of both pw 13 amrik singh and pw 14 gurtej singh were sufficient to prove the charge as against the accused and their ..... a court of inquiry was ordered and thereafter summary of evidence was recorded. the petitioner was tried by the general court martial for an offence under section 69 of army act read with section 302 ipc. 6. on conclusion of trial, the petitioner was held guilty on 15.06.2005 and was sentenced as under:- a) to suffer imprisonment for .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... the present application under section 15 of the armed forces tribunal act, 2007 has been filed by the petitioner claiming the following reliefs:- i) that the impugned order may please be quashed and set aside so far as it pertains to non- ..... was not entitled to the pay and allowances for the period between the date of discharge and date of his reinstatement into the service, calls for no interference by this tribunal and as such there is no merit in the petition filed by the petitioner. accordingly, the petition is dismissed. however, there shall be no order as to costs. ..... one month and thereafter he was discharged from service at the age of 35 years. it was further alleged that the petitioner was tried under section 48 of the army act for being found in the state of intoxication after having consumed liquor from unauthorized source and was awarded the punishment. it was alleged that the punishment awarded to him is .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... been vitiated. as such the same are liable to be quashed in totality. the tribunal has clear power for quashing the conviction as per section 16 of the armed forces tribunal act, 2007 which reads as under:- 16. re-trial. (1) except as provided by this act, where the conviction of a person by court-martial for an offence has been quashed ..... , he shall not be liable to be tried again for the offence by a court-martial or by any other court. (2) the tribunal shall ..... only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the tribunal under this act and it appears to the tribunal that the interests of justice require that an order under this section should be made :- provided that an appellant shall not be retried under .....
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