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Supreme Court Allows Appeal of Army Personnel Dismissed for Overstaying Leave on Compassionate Grounds. Held that absence due to wife's illness with medical certificates constituted sufficient cause under Section 39(b) of the Army Act, 1950.

The appellant, Ex Sepoy Madan Prasad, was enrolled in the Army Service Corps on 4th January 1983 as a Mechanical Transport Driver. In 1998, he was gra...

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Supreme Court Upholds Divorce Decree on Irretrievable Breakdown of Marriage While Directing Maintenance for Minor Son. Husband's Remarriage and Long Separation Justify Invocation of Article 142 to Sustain Dissolution Despite Concurrent Findings of Cruelty and Desertion.

The Supreme Court heard an appeal by the wife against the High Court's dismissal of her appeal challenging the Family Court's decree of divorce on gro...

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Supreme Court Dismisses Appeal of Brigadier Challenging Non-Empanelment for Promotion to Major General. Selection Board's Assessment Based on Overall Reckonable Profile Within Batch Upheld as Fair and in Accordance with Army Promotion Policy.

The appellant, Brigadier Nalin Kumar Bhatia, was commissioned in the Indian Army in 1981 and promoted to Brigadier in 2008. His case for empanelment t...

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Supreme Court Upholds Discharge of Army Personnel in Habitual Absence Case — Preliminary Enquiry Requirement Satisfied. Repeated Red Ink Entries for Absence from Duty Justify Discharge Under Army Instructions, No Regular Enquiry Needed.

The appellant, Sep. Satgur Singh, was a member of the Indian Army who served for 11 years, 9 months, and 15 days. During his service, he was awarded s...

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Supreme Court Allows Family Pension Claim for Widow of Army Jawan Discharged Without Invalidation Medical Board. Discharge on Medical Grounds Requires Invalidation Board Under Rule 13(3)(III)(iii) of Army Rules, 1954; Residual Provision Not Applicable.

The appeal arose from a judgment of the Armed Forces Tribunal (AFT) at its Principal Bench, New Delhi, which dismissed the Original Application filed ...

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Supreme Court Upholds Army Disciplinary Jurisdiction, Sets Aside High Court Stay on Attachment Order. High Court's Pre-emptive Intervention in Army Discipline Under Army Act 1950 and Army Instructions 30/86 Held Unwarranted as Respondent Was Posted Outside Its Territorial Jurisdiction.

The Supreme Court allowed the appeal filed by the Union of India and others against the interim orders of the High Court of Manipur dated 5 November 2...

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Bombay High Court Quashes Summary Court Martial Conviction for Violation of Natural Justice and Lack of Evidence. Petitioner's thumb impression on payment vouchers not proved to be superimposed; conviction set aside.

The petitioner, Major Anurag Pathak, was a Company Commander in the Indian Army. During his tenure in Bhutan (1993-96), he was later called upon to re...

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Bombay High Court Dismisses Writ Petition of Army Convict Challenging General Court Martial Conviction for Murder. Petitioner's life imprisonment and dismissal from service upheld as court martial proceedings were valid and no jurisdictional error found.

The petitioner, Arun Raj, an ex-serviceman of the Indian Army, filed a writ petition under Article 226 of the Constitution before the Bombay High Cour...