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Section 14 of AFT Act 2007 - Jurisdiction, powers and authority in service matters

What are the Jurisdiction, powers and authority in service matters? Section 14 of Armed Forces Tribunal Act 2007

Section 14 : Jurisdiction, powers and authority in service matters

(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to all service matters.

(2) Subject to the other provisions of this Act, a person aggrieved by an order pertaining to any service matter may make an application to the Tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed.

 

(3) On receipt of an application relating to service matters, the Tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing.

(4) For the purpose of adjudicating an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of the following matters, namely—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872) requisitioning any public record or document or copy of such record or document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing an application for default or deciding it exparte;

(h) setting aside any order of dismissal of any application for default or any order passed by it exparte; and

(i) any other matter which may be prescribed by the Central Government.

(5) The Tribunal shall decide both questions of law and facts that may be raised before it.

 

 

 

AFT ACT 2007

Section 2 of AFT Act 2007 - Applicability of the Act

Section 3 of AFT Act 2007 - Definitions

CHAPTER II

ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF

Section 4 of AFT Act 2007 - Establishment of Armed Forces Tribunal

Section 5 of AFT Act 2007 - Composition of Tribunal and Benches thereof

Section 6 of AFT Act 2007 - Qualifications for appointment of Chairperson and other Members

Section 7 of AFT Act 2007 - Appointment of Chairperson and other Members

Section 8 of AFT Act 2007 - Term of office

Section 9 of AFT Act 2007 - Resignation and removal

Section 10 of AFT Act 2007 - Salaries, allowances and other terms and conditions of service of Chairperson and other Members

Section 11 of AFT Act 2007 - Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member

Section 12 of AFT Act 2007 - Financial and administrative powers of Chairperson

Section 13 of AFT Act 2007 - Staff of the Tribunal

CHAPTER III

JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

Section 14 of AFT Act 2007 - Jurisdiction, powers and authority in service matters

Section 15 of AFT Act 2007 - Jurisdiction powers and authority in matters of appeal against court martial

Section 16 of AFT Act 2007 - Re-trial

Section 17 of AFT Act 2007 - Powers of the Tribunal on appeal under section 15

Section 18 of AFT Act 2007 - Cost

Section 19 of AFT Act 2007 - Power to punish for contempt

Section 20 of AFT Act 2007 - Distribution of business among the Benches

 

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