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2015 Supreme(SC) 191

SUDHANSU JYOTI MUKHOPADHAYA, N.V.RAMANA
UNION OF INDIA – Appellant
Versus
MAJOR GENERAL SHRI KANT SHARMA – Respondent


JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J

In these appeals the question raised is whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the ‘Act’), against an order of Armed Forces Tribunal (hereinafter referred to as the ‘Tribunal’) with the leave of the Tribunal under Section 31 of the Act or leave granted by the Supreme Court, or bar of leave to appeal before the Supreme Court under Article 136(2) of the Constitution of India, will bar the jurisdiction of the High Court under Article 226 of the Constitution of India regarding matters related to Armed Forces.

Union of India and others are the appellants in all these appeals except in C.A.No.7338, C.A.No. 7399 of 2013 and C.A.No.96/2014 wherein they are the respondents. The respondents in all these appeals except the three mentioned above are-Army Personnel who moved before the Tribunal for adjudication or trial of disputes and complaints with respect to condition of service. Having not granted relief, the Army personnel assailed the order passed by the Tribunal before the respective High Courts under Article 226 of the Constitution. The appellant in C.A.No.7338 of 2013 on bein
































































































































































































































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