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Section 32 – Air Force Act,1950

Air Force Act,1950

32. Priority in respect of Air Force personnel’s litigation.

(1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final.

Comments

The Rent Controller and the appellate authority under the East Punjab Urban Rent Restriction Act, 1949 are Courts within the meaning of section 32 and in case a personnel of the Air Force files a certificate from a proper Air Force authority in terms of that section, the Rent Controller is bound to decide the case expeditiously as contemplated in the section; Om Prakash Saini v. Daljit Singh, AIR 1980 P&H 185.

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Air Force Act, 1950

Indian Laws – Bare Acts

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Section 32 – Air Force Act,1950

Air Force Act,1950

 

 

32. Priority in respect of Air Force personnel’s litigation.—

 

(1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

 

(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

 

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.

 

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

 

(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final.

 

Comments

 

The Rent Controller and the appellate authority under the East Punjab Urban Rent Restriction Act, 1949 are Courts within the meaning of section 32 and in case a personnel of the Air Force files a certificate from a proper Air Force authority in terms of that section, the Rent Controller is bound to decide the case expeditiously as contemplated in the section; Om Prakash Saini v. Daljit Singh, AIR 1980 P&H 185.

 

 

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Air Force Act, 1950

 

Indian Laws – Bare Acts

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