Remanded

Union of India & Ors. v. Gurdial Singh

Punjab & Haryana HC23 Nov 2010RSA/2394/2003

Case brief

AI extract

What is this about?

The court allowed a transfer application filed under Section 151 of CPC by the Union of India. Citing Section 34 of the Armed Forces Tribunal Act, 2007, the High Court withdrew the appeal and transferred it to the Armed Forces Tribunal, Chandigarh Bench, treating it as a service matter.

What did the court decide?

The appeal is transferred to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir) to appear on 2.2.2011.

Union of India & Ors. Vs Gurdial Singh — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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C.M. No. 12096 – C of 2010 in/and R.S.A. No. 2394 of 2003 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. No. 12096 – C of 2010 in/and R.S.A. No. 2394 of 2003 (O&M) Date of decision:- 23.11.2010

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Union of India & Ors.

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... Appellants

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Versus

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Sh. Gurdial Singh

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... Respondent

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CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

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Present:- Mr. Hemen Aggarwal, Advocate, for the applicant-appellant.

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Mr. Anil Rathee, Advocate, for the non-applicants- respondent.

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Gurdev Singh, J (oral)

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Heard.

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The applicant/appellant has filed this application under Section 151 of the Code of Civil Procedure for transferring the present appeal to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir), in view of Section 34 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'the Act' ), being a service matter under the Army Act, Rules and Regulations fully covered under the Act.

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Section 34 of the Act deals with the transfer of pending cases in any court including a High Court or other authority. Sub section (1) thereof is re-produced below:-

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“34. Transfer of pending cases.-- (1) Every suit, or other proceeding pending before any court including a High Court or

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C.M. No. 12096 – C of 2010 in/and R.S.A. No. 2394 of 2003 (O&M)

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other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause 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.”

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It has not been disputed by the learned counsel for the respondent that the Armed Forces Tribunal, Chandigarh, has already been established under Section 4 of the Act and the cause of action/subject matter involved in the present appeal is covered by the definition of “service matters” as enumerated in Section 3 (o) (i) of the Act.

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Accordingly, this appeal is withdrawn from the file of this court and is transferred to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir).

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The parties are directed to appear before it on 2.2.2011.

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November 23, 2010 tripti

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(Gurdev Singh) Judge

Union of India & Ors. v. Gurdial Singh

Case brief

What is this about?

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Union of India & Ors. v. Gurdial Singh

Case brief

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