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Armed Forces Tribunal Act 2007


Chapter III – Jurisdiction, Powers and Authority of the Tribunal

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.



Armed Forces Tribunal Act 2007 Back




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