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Section 31 of AFT Act 2007 - Leave to appeal

What is Leave to appeal? Section 31 of Armed Forces Tribunal Act 2007

Section 31 : Leave to appeal

(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court.

 

(2) An application to the Tribunal for leave to appeal to the Supreme Court shall be made within a period of thirty days beginning with the date of the decision of the Tribunal and an application to the Supreme Court for leave shall be made within a period of thirty days beginning with the date on which the application for leave is refused by the Tribunal.

(3) An appeal shall be treated as pending until any application for leave to appeal is disposed of and if leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it might have been made, but it is not made within that time.

 

 

 

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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