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2012 (10) TMI 634 - SC - Indian LawsArmed Forces Tribunal Act – maintainability of an appeal - The question precisely is whether an aggrieved party can file an appeal against any such final decision or order of the Tribunal under Section 30 of the Act aforementioned before this Court without taking resort to the procedure prescribed under Section 31 thereof. The appellant’s case is that since the orders under challenge in these appeals are final orders of the Tribunal, an appeal against the same lies to this Court as a matter of right, no matter the right to file such an appeal under Section 30 of the Act is subject to the provisions of Section 31 thereof. Held that:- According to Section 31(3) appeal is presumed to be pending until an application for leave to appeal is disposed of and if the leave is granted until the appeal is disposed of - An application for leave to appeal is deemed to have been disposed of at the expiration of the time within which it may have been made but is not made within that time. That apart an application for grant of certificate before the Tribunal can be made even orally and in case the Tribunal is not inclined to grant the certificate prayed for, the request can be rejected straightaway in which event the aggrieved party can approach this Court for grant of leave to file an appeal under the second part of Section 31(1) - Once such an application is filed, the appeal is treated as pending till such time the same is disposed of - appeals are dismissed reserving liberty to the appellants to take recourse to Section 31 of the Act
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