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Search Results for "Court Martial"

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Supreme Court

Supreme Court Upholds Dismissal of Air Force Officer in Administrative Action Under Air Force Act, 1950. Administrative dismissal under Section 19 read with Rule 16 of Air Force Rules, 1969 is not barred by the three-year limitation period for court-martial under Section 121 of the Air Force Act, 1950, as limitation applies only to trial by court-martial, not to administrative proceedings.

15 Apr 2026

The dispute involved a former Indian Air Force officer challenging his dismissal from service under the Air Force Act, 1950. The appellant, commission...

High Court

High Court Upholds General Court Martial Conviction Under POCSO Act. Judicial Review of Court Martial Proceedings – Sexual Offences Against Minors – Scope of High Court’s Jurisdiction Under Article 226

17 Feb 2025

Judicial Review of Court Martial Proceedings: The High Court, under Article 226, can review Court Martial proceedings if there is a denial of fundamen...

Supreme Court

Supreme Court Dismisses Appeal, Upholds Armed Forces Tribunal’s Acquittal of Air Force Officer. No Evidence Found of Intent to Cause Death in Confinement-Related Incident; Tribunal’s Decision Stands.

6 Nov 2024

Case Background: (Para 1-2): The respondent, along with four Air Force officers, was tried by a General Court Martial (GCM) on charges, inc...

Supreme Court

Supreme Court Upholds High Court’s Order Invalidating General Court Martial Proceedings Due to Improper Appointment of Judge Advocate. A Court Martial’s proceedings were declared invalid due to the improper appointment of a junior officer as Judge Advocate, contrary to legal requirements.

9 Sep 2024

The Supreme Court upheld the decision of the Punjab & Haryana High Court, which set aside the Armed Forces Tribunal's decision to uphold the respo...

Supreme Court

Supreme Court Upholds Contempt Conviction Against Advocate for Multiple Acts of Contempt Including Threats and Baseless Allegations. High Court's Suo Motu Proceedings and Sentencing Found Proper Under Contempt of Courts Act, 1971 Based on Advocate's Conduct of Threatening Opposing Counsel, Repeated Non-Appearance, and Making Scandalous Allegations Against Judges.

30 Jan 2024

The Supreme Court considered a criminal appeal arising from the Delhi High Court's judgment convicting an advocate for contempt of court. The appellan...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

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.

23 Mar 2022

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

Supreme Court

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.

1 Feb 2022

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...

Supreme Court

Supreme Court Upholds Conviction and Restores Cashiering Sentence in Army Court Martial Case for Outraging Modesty. Court Distinguishes Between Punishment Under Army Act and Pension Forfeiture Under Pension Regulations, Allowing Separate Proceedings for Pension Forfeiture While Restoring Original Sentence.

29 Jul 2020

The dispute originated from a complaint by two women patients against an Army Medical Corps officer alleging inappropriate touching during medical exa...

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