Search Results for "Court Martial"

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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 Upholds Dismissal of Airman in Theft Case, Sets Aside Tribunal Order. Air Force Act is a Special Law; Registration of FIR Not Mandatory for Court Martial Proceedings.

The Supreme Court allowed the appeal filed by the Union of India against the order of the Armed Forces Tribunal, Regional Bench, Lucknow, which had se...

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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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Supreme Court Dismisses Union of India's Appeal Against Quashing of General Court Martial Against Retired Army Officer in Procurement Irregularities Case. No Prima Facie Case Made Out as Evidence Lacked Intent to Defraud and Actions Were Within Authority's Discretion.

The Union of India appealed against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi, which quashed the order convening a General...

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Bombay High Court Dismisses Copyright Infringement Suit Against Film 'Baaghi' — No Substantial Similarity Found Between Plaintiffs' and Defendants' Works. The court held that similarities were at the level of general ideas, not protectable expression under the Copyright Act, 1957.

The Plaintiffs, XYZ Films LLC, PT Merantau Films, and Sikhya Entertainment Private Limited, filed a copyright infringement suit against UTV Motion Pic...

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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 Dismisses Appeal of Army Personnel Discharged for Producing Fake Matriculation Certificate. Exoneration in Summary Court Martial Does Not Bar Discharge Proceedings Under Army Rules for Lack of Educational Qualification.

The appellant, Ex. Sepoy Surendra Singh Yadav, was enrolled in the Army on 26.04.1991. At the time of appointment, he produced a matriculation certifi...

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Bombay High Court at Goa Dismisses Union of India's Petition Challenging Discovery Order in Coast Guard Collision Suit. Order for Inspection of Documents Under Order XI CPC Upheld as Not Violative of Sovereign Immunity.

The judgment arises from a writ petition filed by the Union of India and the Indian Coast Guard challenging an order dated 08.04.2024 passed by the Di...