Judgment · High Court
Case at a glance
Outcome
Disposed of
Petition stands disposed of
Provisions considered
Judgment
Operative part
Mr. Ramakant Sharma, Advocate, for the petitioner. Mr. M.A. Khan, Central Government Counsel for respondents. It is undisputed before me that the reliefs as claimed in this writ petition relate to the period when the petitioner was serving with the Armed Forces. After the Constitution of Armed Forces Tribunal, the exclusive jurisdiction to adjudicate the controversy, subject matter of this petition, is with the Armed Forces Tribunal. Section 34 of the Armed Forces Tribunal Act, 2007 provides: immediately before (cid:147)34. Transfer of pending cases-
(1) Every suit, or other proceeding pending before any court including a High Court or other authority the date of establishment of the Tribunal under this Act, being a suit or proceeding the case of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal.
(2) Where any stands transferred from any court including a High Court or other authority to the Tribunal under sub-section (1),- (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an applicable made under sub-section (2) of section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deed fit. (cid:148) suit, or other proceeding In these circumstances, a direction is issued to the Registry that the petition be sent to the Armed Forces Tribunal Bench, at Chandigarh for decision in accordance with law. Petition stands disposed of. September 06, 2010 (Dev Darshan Sud), Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition stands disposed of
Which statutory provisions did this judgment involve?
Constitution of India; Armed Forces Tribunal Act, 2007 — s. 34.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.