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Bombay High Court Upholds Conviction of Army Officer in POCSO Case. Judicial Review under Article 226 Limited to Jurisdictional Error; No Re-appreciation of Evidence.

The petitioner, a retired Lieutenant Colonel in the Indian Army, was convicted by a General Court Martial (GCM) under Section 69 of the Army Act, 1950...

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Supreme Court Allows Union of India's Appeal Against Armed Forces Tribunal's Interference with Censure Punishment. The Court Held That the Tribunal Cannot Substitute Its Own Discretion for That of the Competent Authority in Awarding Censure Merely Because Different Forms of Censure Exist.

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi. The re...

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Supreme Court Allows Appeal of Ex-Sepoy Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board; failure renders discharge illegal.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was placed in permanent Low Medical Category...

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Supreme Court Allows Appeal of Army Washerman Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board recommendation; residual clause (v) inapplicable.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was discharged from service on August 31, 19...

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High Court of Bombay at Aurangabad Dismisses Army Gunner’s Challenge to Dismissal for False Enrolment Answer. Summary Court Martial Conviction for Wilful False Statement Under Section 44 of Army Act Not Interfered With in Limited Judicial Review.

The petitioner, a former Gunner Soldier, filed a writ petition challenging the order of Summary Court Martial dated 23 July 2001 and the subsequent di...

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High Court of Judicature at Bombay Dismisses Writ Petition Seeking Reinstatement and Disability Pension for Army Clerk Invalided Out for Neurosis. Neurosis Not Attributable to Military Service Under Pension Regulations for the Army, 1961; Invalidation Under Army Rule 13(3)III(iii) Upheld.

The case arose from a writ petition filed by an army clerk who was invalided out of service on medical grounds due to neurosis (depressive reaction). ...