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Section 24 of AFT Act 2007 - Term of sentence and its effect on appeal

What is Term of sentence and its effect on appeal? Section 24 of Armed Forces Tribunal Act 2007

Section 24 : Term of sentence and its effect on appeal

(1) The term of any sentence passed by the Tribunal under clause (a) of subsection (6).of section 15 of this Act shall, unless the Tribunal otherwise directs, be reckoned to commence on the day on which it would have commenced under the Army Act, 1950, (46 of 1950) the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) as the case may be, under which the court martial against which the appeal was filed, had. been held. 

 

(2) Subject to the provisions of sub-section (3), any sentence passed on an appeal from the Tribunal to the Supreme Court in substitution for another sentence shall, unless the Supreme Court otherwise directs, be reckoned to commence on the day on which the original sentence would have commenced.

(3) Where a person who is undergoing sentence is granted stay of the operation of the said sentence, either by suspension or otherwise, pending an appeal, the period during which he is so released due to the sentence having been so stayed, shall be excluded in computing the term for which he is so sentenced by the Tribunal or the Supreme Court, as the case may be.

 

 

 

AFT ACT 2007

CHAPTER IV PROCEDURE

Section 21 of AFT Act 2007 - Application not to be admitted unless other remedies exhausted

Section 22 of AFT Act 2007 - Limitation

Section 23 of AFT Act 2007 - Procedure and powers of the Tribunal

Section 24 of AFT Act 2007 - Term of sentence and its effect on appeal

Section 25 of AFT Act 2007 - Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel

Section 26 of AFT Act 2007 - Condition as to making of interim order

Section 27 of AFT Act 2007 - Power of Chairperson to transfer cases from one Bench to another

Section 28 of AFT Act 2007 - Decision to be by majority

Section 29 of AFT Act 2007 - Execution of order of Tribunal

CHAPTER V APPEAL

Section 30 of AFT Act 2007 - Appeal to Supreme Court

Section 31 of AFT Act 2007 - Leave to appeal

Section 32 of AFT Act 2007 - condonation

CHAPTER VI MISCELLANEOUS

Section 33 of AFT Act 2007 - Exclusion of jurisdiction of civil courts

Section 34 of AFT Act 2007 - Transfer of pending cases

Section 35 of AFT Act 2007 - Provision for filing of certain appeals

Section 36 of AFT Act 2007 - Proceedings before Tribunal to be judicial proceedings

Section 37 of AFT Act 2007 - Members and staff of Tribunal to be public servants

Section 38 of AFT Act 2007 - Protection of action taken in good faith

Section 39 of AFT Act 2007 - Act to have overriding effect

Section 40 of AFT Act 2007 - Power to remove difficulties

Section 41 of AFT Act 2007 - Power of Central Government to make rules

Section 42 of AFT Act 2007 - Power to make rules retrospectively

Section 43 of AFT Act 2007 - Laying of rules

 

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