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Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Supreme Court Upholds Women Army Officers' Right to Permanent Commission in Landmark Gender Equality Judgment. Court holds that women SSC officers are entitled to PC at par with male counterparts, rejecting discriminatory service conditions.

The case concerns a batch of appeals filed by the Ministry of Defence against a Delhi High Court judgment directing the grant of Permanent Commission ...

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Supreme Court Upholds OROP Benefit for Army Postal Service Personnel on Deputation from Department of Posts. Personnel of APS on deputation from Department of Posts are entitled to One Rank One Pension as per Government Circular dated 7th November 2015.

The case involves an appeal by the Union of India against an order of the Armed Forces Tribunal, Regional Bench, Jabalpur, which allowed an Original A...

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Supreme Court Dismisses Challenge to Army Commander Appointments Based on Seniority and Merit. Selection Process Upheld as Valid Under Government Policy and Transaction of Business Rules.

The case involves Lieutenant General Ravi Dastane challenging the appointments of Lieutenant General Dalbir Singh and Lieutenant General Sanjiv Chachr...

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High Court of Karnataka Dismisses Appeal by Union of India in Army Dismissal Case Due to Procedural Irregularity. Summary Court Martial Conducted Without Following Mandatory Procedure Under Army Rules 22-24 and Section 80 of Army Act, 1950 Renders Dismissal Void.

The Union of India, Ministry of Defence, and other appellants challenged an order dated 5th September 2001 passed by a learned Single Judge of the Kar...

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Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...