Search Results for "Armed Forces Tribunal"

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Search Results for "Armed Forces Tribunal"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Police Officer — Transfer Held to Be in Public Interest and Not Malafide. The Court upheld the transfer of a Special Inspector General of Police from Nashik to Pune, finding no violation of the Indian Police Service (Cadre) Rules, 1954 and no malafides established.

20 Mar 2024

The petitioner, Dattatraya R. Karale, a Special Inspector General of Police in the Indian Police Service, was posted at Nashik Range. By an order date...

Supreme Court

Supreme Court Allows Appeal of Army Personnel Dismissed for Overstaying Leave on Compassionate Grounds. Held that absence due to wife's illness with medical certificates constituted sufficient cause under Section 39(b) of the Army Act, 1950.

1 Dec 2023

The appellant, Ex Sepoy Madan Prasad, was enrolled in the Army Service Corps on 4th January 1983 as a Mechanical Transport Driver. In 1998, he was gra...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

10 Dec 2019

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...

Supreme Court

Supreme Court Allows Union of India's Appeal Against Tribunal's Order Setting Aside Discharge of Airman for Habitual Indiscipline. Second Warning Not Mandatory Under Habitual Offenders Policy When Competent Authority Decides to Discharge Without Giving Another Chance.

8 Nov 2019

The case involves an appeal by the Union of India against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow, which set aside the disc...

Supreme Court

Supreme Court Allows Disability Pension to Soldier Discharged for Schizophrenia — Mental Disorder Presumed Attributable to Military Service Under Rule 14 of Entitlement Rules. The Court held that in the absence of a note at enrolment and without reasons from the Medical Board, the disease is deemed to have arisen in service, entitling the appellant to disability pension.

3 Oct 2019

The appellant, Narsingh Yadav, was enrolled in the Indian Army on December 2, 2003, as a Craftsman (CFN). He served at peace stations in Bhopal and la...

Supreme Court

Supreme Court Allows Disability Pension Arrears for Ex-Serviceman from 1995 to 2014. Denial of disability pension to a former soldier for the period between 1995 and 2014 was held misconceived as the disability was later assessed at 20% permanently, entitling him to arrears.

8 Apr 2019

The appellant, Madan Prasad Sinha @ Sanatan Baba, was enrolled in the Indian Army's Corps of Signals as a Radio Mechanic on 18 February 1971. He was d...

High Court

High Court of Karnataka Dismisses Challenge to Rule 9(1) of Karnataka Civil Services (General Recruitment) Rules, 1977 Providing Reservation for Ex-Servicemen and Physically Handicapped. Rule 9(1) Held Valid and Not Violative of Articles 14 and 16 of the Constitution.

30 Oct 2018

The petitioner, Pankaj Premanand Nagekar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karna...

High Court

Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

25 Mar 2011

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...

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