Lawgist31Leave 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.
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- 1 Short title and commencement
- 2 Applicability of the Act
- 3 Definitions
- 4 Establishment of Armed Forces Tribunal
- 5 Composition of Tribunal and Benches thereof
- 6 Qualifications for appointment of Chairperson and other Members
- 7 Appointment of Chairperson and other Members
- 8 Term of office
- 9 Resignation and removal
- 9A Qualifications, terms and conditions of service of Chairperson and Membe
- 10 Salaries, allowances and other terms and conditions of service of Chairperson and other Members
- 11 Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
- 12 Financial and administrative powers of Chairperson
- 13 Staff of the Tribunal
- 14 Jurisdiction, powers and authority in service matters
- 15 Jurisdiction, powers and authority in matters of appeal against court martial
- 16 Re-trial
- 17 Powers of the Tribunal on appeal under section 15
- 18 Cost
- 19 Power to punish for contempt
- 20 Distribution of business among the Benches
- 21 Application not to be admitted unless other remedies exhausted
- 22 Limitation
- 23 Procedure and powers of the Tribunal
- 24 Term of sentence and its effect on appeal
- 25 Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
- 26 Condition as to making of interim order
- 27 Power of Chairperson to transfer cases from one Bench to another
- 28 Decision to be by majority
- 29 Execution of order of Tribunal
- 30 Appeal to Supreme Court
- 31 Leave to appeal
- 32 Condonation
- 33 Exclusion of jurisdiction of civil courts
- 34 Transfer of pending cases
- 35 Provision for filing of certain appeals
- 36 Proceedings before Tribunal to be judicial proceedings
- 37 Members and staff of Tribunal to be public servants
- 38 Protection of action taken in good faith
- 39 Act to have overriding effect
- 40 Power to remove difficulties
- 41 Power of Central Government to make rules
- 42 Power to make rules retrospectively
- 43 Laying of rules
