Court : Armed forces Tribunal AFT Regional Bench Chennai
..... material to prove the same.37(c) another legal issue raised in this application/appeal, even though not put forward in the arguments of the appellant, is that the court martial convened is not in conformity with the section 97 of the navy act 1957 and as per section 97(11) of the navy act, at least two of the members in the court martial shall be drawn from two different ships, but in this case all the members have been draw n from same ship ins circars. ..... p.w.10 shri cdc patnaik, manager, indian bank canteen service, visakhapatnam, also identifies dk singh (accused in t.a.no.140 of 2010) as the person who had come to purchase a refrigeratior under ipp scheme on 20th july 1998.17. ..... the third person entered later and the three accused threatened the manager and the cashier of andhra bank extension counter, ins virbahu, at gun point and got the iron safe opened and put the money in their bag and locked up the bank ..... the accused/appellant herein umesh kumar singh, radio operator (special), first class, number 179159-f, belonging to indian naval ship circars additional headquarters wireless experimental unit, being a person subject to naval law, is charged as under:-1)did at about 19.20 hours on the 4th day of june, 1998 armed with a country made pistol committed robbery of cash amounting to rs.2,54,371/- (rupees two lakhs fifty four thousand three .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... co-accused, the mandatory provisions contemplated under regulations 27 and 29 of the regulations for the navy were not followed, the learned assistant judge advocate slt chinmay sharma has come forward, after getting a cue from his higher ups, to make an endorsement as to the effect that since the petitioner has not exhausted his statutory remedy, if he withdraws this petition and approaches the competent authority as per the rules contemplated under navy act 1957, the ..... the application under section 163 of the navy act shall be made by the petitioner within a months time from this date. ..... under such circumstances, the petition is dismissed as withdrawn with liberty to the petitioner to approach the competent authority under section 163 of the navy act 1957. ..... during the course of the argument, when the tribunal exposed it mind after referring to the judgment of this tribunal delivered in t.a.no.171 of 2010 relating to the co-accused mr. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the punishment of dismissal is awarded; (iv) any other matter, whatsoever, but, shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950(46 of 1950), sub-section (1) of section 156 of the navy act 1957 (62 of 1957) and section 18 of the air force act 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the army act 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950). ..... the point:-no doubt under section 3(o) of the armed forces tribunal act 2007, this tribunal is empowered to take up and decide the service matter, which reads as follows- 3(o) service matters, in relation to the persons subject to the army act 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure, including commission, appointment, enrolment .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... as per section 2 of the armed forces tribunal act 2007, the provisions of the armed forces tribunal act shall apply to all persons subject to the army act, 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950) and this act shall also apply to retired personnel subject to the army act, 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950), including their dependants, heirs and successors, in so far as it relates to their service matters. ..... this tribunal has jurisdiction to decide the cases which are governed by the army act, 1950(46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) alone. 7. ..... said army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this act to such persons under sub-section91) of section 9 of the territorial army act, 1948 (56 of 1948); (f) persons holding commissions in the army in indian reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces; (g) officers appointed to the indian regular reserve of officers, when ordered on .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... provisions of this section, the tribunal shall have the power to (a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950, ..... (3) the tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary: provided that no accused person shall be so released if there appears reasonable ground for believing that he has been guilty of an offence ..... the issue of trial of the other accused persons in the same case as that of ..... 1984 in hp hc cited in 1985 cri.l.j 696, the relevant part of which, is as follows: in a case like the present, where the conviction and sentence imposed upon a co-accused put up for trial before the same gcm along with the petitioner on the same charge and on the same evidence is quashed and set aside on the ground of lack of convincing evidence ..... it is settled law that where a power is deposited with a public officer for the purpose of being used for the benefit of persons who are specifically pointed out, and with regard to whom a definition is supplied by the legislature of the conditions upon which they are entitled to call for its exercise, that .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... 2.7.2005 for discharge of the petitioner at an earlier day than 31.08.2006 on the ground that he is not eligible for extension of service since he had a red ink entry in the lower rank, we are concerned only with the act of the respondents in asking the petitioner to go away from service with effect from 31.07.2005 after giving extension of two years of service from 31.08.2004. ..... of casual leave from 4th august 1980 to 23rd august 1980, but since the petitioner failed to join duty on 24th august 1980, but rejoined voluntarily on 29th october 1980, he was tried and punished under section 39(b) of the army act on 5th november 1980 to undergo 28 days of rigorous imprisonment and 14 days of detention. ..... since the petitioner was awarded 28 days of rigorous imprisonment and 14 days detention under section 39 (b) of the army act on 5th november 1980, he was not eligible for extension of service. ..... therefore, the petitioner has to over stay in his village, which led to an action being taken under section 39(b) of the army act 1950 by the competent authority. ..... due to this offence he was awarded 28 days of rigorous imprisonment and 14 days detention under section 39 (b) of the army act on 5th november 1980. ..... after the constitution of this tribunal, as per the armed forces tribunal act 2007, the said writ petition was transferred to this tribunal and renumbered as t.a.no.22 of 2009. 2. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the petitioner, who has been discharged on medical ground soon after his recruitment in the indian navy as a musician, has challenged the same before the honourable high court of andhra pradesh by way of filing w.p.no.15284 of 2009 and the same after the constitution of the regional bench of the armed forces tribunal at chennai was transferred to this tribunal under section 34(2) of the armed forces tribunal act 2007 and renumbered as t.a.no.182 of 2010. 2. ..... 3(a) the petitioner was brought before invalidation medical board at inhs nivarini and the imb proceedings were approved by the director general medical services (navy) and thereafter discharged from naval service on being medically unfit for military training. ..... at that time, the annual inspection was conducted by the higher officials of the indian navy and one of the higher officials has visited the said hospital and enquired about the case of the petitioner and accordingly, referred his case for re-medical examination at the 9th respondent hospital. ..... even the report of histopathology dated 12.05.2009 reads that sections from specimen show mild hyperplasia of the epidermis with spongiosis and vascuolar degeneration. ..... was pleased to issue an order dated 3.12.2008 holding that the petitioner is not entitled for disability pension for the reason that the disease under which the petitioner is suffering is neither attributable to nor aggravated by navy service and the same was also assessed as 11% to 14%. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... after retirement, the applicant enrolled himself as a member of the tamil nadu ex- services league bearing registration no.116/2010, an association duly registered under the registration of societies act, 1978, for the welfare of the retired persons from armed forces. 3. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... is against the verdict of the dcm proceedings initiated against the applicant/appellant/accused under section 40(a) of the army act for having pushed and slapped p.w.1 07412p major mr.azim ahmed, adjutant, on ..... now the point for determination in this appeal is whether the award of punishment by dcm under section 40(a) of the army act against the appellant/applicant is liable to be set aside for the reasons stated in the affidavit ..... pradesh high court by way of filing w.p.no.11294 of 2007, which was transferred to armed forces tribunal, regional bench at lucknow, under section 34(2) of the armed forces tribunal act, 2007 and renumbered as t.a.no.898 of 2010 before the armed forces tribunal, regional bench at lucknow. ..... the relevant provision of law as contemplated under section 6 of the indian evidence act reads as follows- relevancy of facts forming part ..... by the respondents in the counter as to the effect that the applicant has not exhausted the statutory remedy available to him under section 164(2), after the armed forces tribunal act 2007 came into force, the appeal power against the verdict of the dcm and all court martials have been vested with this tribunal under section 15 of the armed forces tribunal act 2007. ..... from the armed forces tribunal, principal bench at new delhi, the same was transferred to this armed forces tribunal, regional bench, chennai on the point of jurisdiction under section 27 of the armed forces tribunal act 2007, and renumbered as t.a.no.201 of 2010. 2. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... he has filed this application under section 14 of the armed forces tribunal act, 2007 for the grant of pension on the rank of naib subedar with effect from 1.1.2006. 4. .....
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