TaxTMI 
TaxTMI 
TaxTMI 
2015 (1) TMI 1521
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.... 2. We note that the factual matrix has not been noted by the Tribunal, and thus it would be advised that before we look into the decision referred to by the Tribunal for its opinion it would be advisable to note the relevant facts. 3. The petitioner was granted a Short Service Commission in the Indian Army on March 07, 1987 in the Regiment of Artillery. On completing five years' service successfully the petitioner was granted permanent commission in the year 1992. The petitioner earned promotions and attained the rank of Lieutenant Colonel on December 16, 2004. 4. Not being found suitable for promotion to the rank of Colonel at the board appraisals, the petitioner was posted to a National Cadet Corps Unit with a direction to take over the appointment of Officer Commanding First Bihar Artillery Regiment, NCC, as part of NCC Group, Patna on January 29, 2010. 5. Alleging that the petitioner had proceeded on leave without handing over charge, a Court of Inquiry was ordered. The deposition of various witnesses were recorded at the Court of Inquiry and the proceedings were sent to the Head Quarter (Director General), NCC at Delhi. 6. On August 23, 2011, a show cause notice was i....
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....n of India Vs. Rajpal Singh (2009) 1 SCC 16. Accordingly, only those cases would fall within the ambit of the residual sub clause (ii) of Sub-rule (1) of Rule 6 above which are not covered under sub clause (i) thereof." 9. Rule 6 of the Armed Forces (Procedure) Rules, 2008 reads as under:- "6. Place of filing application - (1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction - (i) The applicant is posted for the time being, or was last posted or attached; or (ii) Where the cause of action, wholly or in part, has arisen: Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under Section 14 of the Act, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter. (2) Notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the Registrar of the Bench within whose jurisdiction such ....
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....aid maxim is a well accepted rule of interpretation of statutes, and it has been cited in several notable judgments of the Supreme Court of India. 15. In the decision reported as AIR 2006 SC 389 Dilawar Singh vs. Parvinder Singh @ Iqbal Singh & Anr., concerning the interplay between Section 19 of the Prevention of Corruption Act, 1988 and Section 190 and 319 of the Code of Criminal Procedure, 1973, with reference to the maxim 'Generalia Specialibus non Derogant' the Court held that if a special provision has been made on a certain matter, that matter is excluded from the general provisions. The court further held that "A Special Judge while trying an offence under the Prevention of Corruption Act, 1988, cannot summon another person and proceed against him in the purported exercise of power under Section 319 Cr.P.C. if no sanction has been granted by the appropriate authority for prosecution of such a person as the existence of a sanction is sine qua non for taking cognizance of the offence qua that person.' 16. Thus, the view taken by the Tribunal interpreting Rule 16 of the Armed Forces (Procedure) Rules, 2008 is incorrect and is overruled. The place where an origina....
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....he lis in question. (e) The finding that the court may refuse to exercise jurisdiction under Article 226 if only the jurisdiction is invoked in a mala fide manner is too restricted/constricted as the exercise of power under Article 226 being discretionary cannot be limited or restricted to the ground of mala fide alone. (f) While entertaining a writ petition, the doctrine of forum conveniens and the nature of cause of action are required to be scrutinized by the High Court depending upon the factual matrix of each case in view of what has been stated in Ambica Industries (supra) and Adani Exports Ltd. (supra). (g) The conclusion of the earlier decision of the Full Bench in New India Assurance Company Limited (supra) "that since the original order merges into the appellate order, the place where the appellate authority is located is also forum conveniens" is not correct. (h) Any decision of this Court contrary to the conclusions enumerated hereinabove stands overruled." 18. To put it pithily, a place where even a part of a cause of action has arisen would confer territorial jurisdiction and we find that the Division Bench judgment of this Court in Hav. Venkatagireppa's ....