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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: armed forces tribunal aft regional bench kolkata Year: 2011 Page 1 of about 13 results (0.020 seconds)

Feb 22 2011 (TRI)

Barma Bhowmick and Others Vs. Union of India Through the Secretary, Mi ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Feb-22-2011

..... , kolkata). raja bhowmick, the second petitioner, is the son of the deceased havildar bikash kumar bhowmick. the present transfer application has arisen from wp no. 12404 (w)/2008 filed at calcutta high court. 2. the petitioner, subsequent to the death of her husband havildar bikash kumar bhowmick, received her entitled pension related benefits in march, 2002 including ??special family pension ? as ..... reliance in the case of khadeja bibi(supra). in the ibid case, while discussing on compassionate appointment to the son of the deceased employee of state education department, the honble calcutta high court noted that ??delay is not a ground of rejection ? (paragraph-19 and 20 of the ibid judgment). 34. the petitioner has contested each point that has been ..... held that compassionate appointment could not be denied on the ground that family benefit scheme was available. the learned counsel also drew our attention to another division bench decision by calcutta high court in the case of tapan kumar barman (supra), where they, in the judgement on a similar case, have heavily relied upon the ratio of the case of ..... , where the honble justice have also quoted balbir kaur (supra). 25. the learned counsel for the petitioner also relied upon a judgment delivered by the supreme court under consumer protection act, that has highlighted the context of the term ??reasoned order ? . to prove another point that delay in submission of application, could not be held an issue, the learned counsel for .....

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Apr 26 2011 (TRI)

Pravat Saha @ Pravat Kumar Saha Vs. Union of India Service Through the ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Apr-26-2011

..... were rejected and the authorities maintained that the discharge was in order and in accordance with rules. the petitioner, therefore, filed a writ application (wp-1028/2008) before the calcutta high court in 2008 that was transferred to this tribunal in 2010 and numbered as ta-61. 2. the petitioner in his writ application has submitted that he was undergoing ..... judgment is as under:- ??where the cause of absence is genuine and unavoidable; authorities should condone the absence of formal leave keeping in mind the unforeseen circumstances and should not act in an arbitrary and discriminating way. ? in the ibid case, the petitioner was a railway employee. this case relating to a central government employee cannot be applied in the ..... and ors (supra): the ibid judgment actually relates to excess punishment awarded to the petitioner in a summary court-martial for an offence punishable under section 39(a) of army act, ??absence without leave ? . honblejustice s.b.sinha, and his companion judge, have brought out in paragraph-11(ii), ??imposition of two punishments viz., rigorous imprisonment as also dismissal ..... in his application reiterates that he was awarded seven days rigorous imprisonment (ri) by his commanding officer under a proper ??offence report charged under section 39 (a) of the army act, 1950. therefore, it was, according to him, illegal to punish him again by discharging him from service for the same reason, though interpreted differently through an administrative order issued .....

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Apr 12 2011 (TRI)

Shishupal Roy Vs. Union of India, Service Through the Secretary and Ot ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Apr-12-2011

..... with the inaction on the part of the respondents in issuing pension payment order, the applicant was compelled to approach the honble high court at calcutta in its writ jurisdiction claiming the relief as mentioned in the said petition. 4. the application has been contested by the respondents wherein they ..... to whether the disablement pension, as was recommended by the first medical board, should be extended or not. the respondents authorities are directed to act as per the opinion of the review medical board in this respect. 14. let a plain copy of this order be handed over to the ..... the copy of the medical boards opinion, which, according to him, was obtained by way of collecting information under the right to information act, 2005. ld. advocate for the respondents did not dispute the authenticity of such documents, which are xerox copies of the originals. as such, we ..... the said opinion. we have already pointed out that the respondents did not produce the medical boards opinion. it is shocking that the authorities acted in such a manner in order to suppress material facts before the court of law. be that as it may, the applicant has produced ..... the applicant filed the writ petition before the honble high court at calcutta praying for grant of medical disablement pension and other reliefs. subsequently, the said writ petition was transferred to this tribunal in view of the provisions of armed forces tribunal act, 2007. 2. in brief, the case of the applicant is .....

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Apr 29 2011 (TRI)

Md NasiruddIn Sk Vs. the Union of India, Service Through the Secretary ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Apr-29-2011

sadhankumar gupta, member (judicial) initially, the writ petition was filed before the honble high court at calcutta. thereafter, due to the advent of the armed forces tribunal act, 2007, the said writ petition was transferred to this bench by the order of the ld. single judge of the high court and it was re-numbered as ta 77 ..... pension, opinion of the medical board should normally be final and must be accepted provided, of course, there is clear evidence to the effect that the medical board did not act properly. so far as the applicant is concerned, it appears that he was placed before the medical board and such board gave its opinion, which is in the record. it .....

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Apr 26 2011 (TRI)

Prabhudatta Pattnaik Vs. Union of India Through the Secretary and Othe ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Apr-26-2011

..... . initially, the writ petition was filed before the honble orissa high court by the applicant. it was subsequently transferred to this tribunal, as per provisions of the armed forces tribunal act, 2007 and re-numbered as ta 194 of 2010. 2. the case of the applicant is that he entered into the military service on 7.3.87 and was discharging .....

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Feb 18 2011 (TRI)

Md Najrul Islam Vs. the Union of India, Service Through the Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Feb-18-2011

sadhan kumar gupta, member (judicial) 1. the writ petition which was filed before the calcutta high court was transferred to this bench as per provision of the armed forces tribunal act 2007 and renumbered as t a 19 of 2010. 2. the fact as stated in the application may be summarized ..... the applicant that in the said court martial proceeding mandatory provisions that are to be followed by the presiding officer, as provided in the army act and rules were not followed. the presiding officer also failed to appreciate the discrepancy and improbability in the statements as made by the witnesses against ..... respondents by filing affidavit-in-opposition. it is denied by the respondents that there was any violation of the procedure laid down in the army act and rules in conducting the summary court martial proceeding. according to the respondents on receipt of the complaint, a court of enquiry was ordered ..... which section 130 would be so attracted, but was only a ??summary court martial ? to which by virtue of section 116 (1) of the act, the applicability of section 130 is clearly excluded. this position requires to be clarified and the judgment dated october 15, 1987 corrected accordingly. the need for ..... learned advocate for the applicant further argued that summary court martial proceeding is vitiated due to non compliance of section 120(2) of the army act. so far as this proceeding is concerned it appears that the commanding officer of the unit conducted the summary court martial and it is who .....

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Mar 10 2011 (TRI)

Devendra Singh Rajput Vs. Gp. Capt. S.K. Sharma and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Mar-10-2011

..... family problems and was in a depressed condition. pw-22 is si biswaranjan banerjee. he is the sub-inspector of the west bengal police and was attached with the concerned police station at the material time. initially when the fir was lodged he held the inquest and also took up initial investigation. pw-23 ..... were in all probability dependent upon him. the family members were deprived of the company and help as well as guidance of the deceased due to the act of the accused/appellant. this aspect should also be taken into consideration while considering the nature of the offence, as committed by the accused/appellant. to ..... a beast, who cannot control its anger and will not hesitate to cause death or injury to others. religion does not teach that a person should act like a fanatic and will not tolerate others even if he is not agreeable with another persons action. the ld. advocate for the accused/appellant submitted ..... imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or causing such bodily injury as is likely to cause death; or with ..... by him in his chief remained unshaken even after cross examination. this witness was considered to be an expert as per provision of the indian evidence act. so, his opinion in this respect can safely be relied upon and we are of the opinion that the gcm has done nothing wrong in accepting .....

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Feb 15 2011 (TRI)

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Feb-15-2011

..... . however, goc, eastern command, rejected such representation. 3. on 29.8.2000 the petitioner filed an application under section 164 and 165 of the army act 1950 before the chief of the army staff, new delhi. in the said application the petitioner categorically mentioned that the presiding officer of the summary court martial ..... is no mention in that section that presiding officer of the summary court p=martial proceeding cannot pass a sentence or dismissal. section 71 of the army act has clearly provided that a presiding officer of a court martial proceeding can pass sentence of dismissal from the service. as such there is nothing wrong on ..... of the learned advocate for the accused / applicant is thus not accepted. 7. the accused has claimed that the provision of section 131 of the army act regarding the taking of oath or affirmation in the prescribed manner was not followed. according to the learned advocate for the applicant this provision of taking oath ..... and guilty of misconduct. decision 6. admittedly the accused / applicant faced summary court martial on the charge under section 39 (a) of t he army act on the allegations that he absented himself without leave from unit line from 17.00 hrs to 20.30 hrs. it appears that summary of evidence was recorded ..... sadhan kumar gupta, member (judicial) 1. the original writ petition, which was filed before the honble high court at calcutta has been transferred to this bench and renumbered as t a 98 of 2010. 2. the case, as made out in the writ .....

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Jan 10 2011 (TRI)

Gangeshwar Baitha (Ex-havilder) Vs. Union of India , Service Through t ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Jan-10-2011

..... opposition wherein the claim of the petitioner was denied on material points. according to the respondents since the petitioner was dismissed from service under the army act he is not entitled to get pension and gratuity as per pension regulation 1962. however, in an exceptional case the president of india may sanction ..... such person. by pointing this provision mr hajra submits that the authority acted on the basis of this pensionary regulation and there was nothing illegal in it. in this respect learned advocate for the applicant has drawn our attention ..... advocate for the respondent argued that in the pension regulation it has been provided that an individual who is dismissed under the provision of the army act, is ineligible for pension or gratuity in respect of all previous service and in exceptional cases, the president only can grant such pension in favour of ..... not authorised to forfeit the pensionary benefits to which the petitioner was entitled. we have taken into consideration the provision of section 71 of the army act 1950 wherein in sub-rule (h) it has been provided that the court martial authority has the power of directing forfeiture of service for the purpose ..... sadhankumar gupta, member (judicial) 1. this application has been received on transfer from the honble high court at calcutta. 2. the fact as stated in the writ petition is that the petitioner joined indian army in the month of july 1971 .....

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Jan 06 2011 (TRI)

Subhash Chandra Hajra Vs. Union of India Service Through Ministry of D ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Decided on : Jan-06-2011

..... petitioners representation of 5th september 1994 and the statutory complaint (para 16 of the petition) and stated that they were under consideration. accordingly, honble justice sanjib banerjee of calcutta high court, in his orders dated 10 november 06, directed the respondents to file a fresh affidavit within three weeks after obtaining the outcome of the petitioners representation/complaint ..... no 2, 3, 4) are yet to respond to the petitioners statutory complaint dated 29 october 1994 and representation dated 5th september 1994 despite ibid orders of the honble calcutta high court dated 10 november 1996. the petitioners grievances remained unresolved despite his efforts through written representation and a statutory complaint. the prayers of the petitioner in the said ..... ibid documents were produced, the respondents could not perhaps justify denial of promotion to the rank of subedar major to the petitioner. section 114(g) of the indian evidence act, 1872 provides for such contingencies where the court could take such presumption. 26. the petitioners plea for grant of honorary commission as one of his prayers, has been contested ..... signals directorate (personnel branch). when questioned by the court on 6th december 2010, we were told by the respondents that even there they have been destroyed. 24. such acts are total dereliction of duty by the authorities at the signal records. this case has been under consideration by a statutory complaint by the petitioner since 1994 and also under .....

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