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Search Results for "Court of Inquiry"

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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 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 Appeal in Disability Pension Case for Territorial Army Member - Statutory Regulations Override Departmental Denial. Disability Pension Granted Under Regulation 173 of Pension Regulations for the Army, 1961, as Extended to Territorial Army by Regulation 292, Since Disability Was Attributable to Military Service and Assessed at 80%.

7 Mar 2022

The appeal arose from a dispute over the entitlement of a Territorial Army member to disability pension. The appellant, after serving in the Regular A...

Supreme Court

Supreme Court Allows Union of India's Appeal in BSF Disciplinary Case — Commandant's Power to Order Additional Record of Evidence Upheld. The Court held that the Commandant had jurisdiction to direct preparation of additional RoE under Rule 51 of BSF Rules, 1969, and that reasons for conviction need not be recorded by SSFC or appellate authority under Section 117(2) of BSF Act, 1968.

3 Dec 2021

The Union of India and officials of the Border Security Force appealed against a judgment of the Calcutta High Court which quashed disciplinary procee...

Supreme Court

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.

25 Sep 2019

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...

Supreme Court

Supreme Court Dismisses Widow's Claim for Liberalised Family Pension in Operation Rakshak Death Case. Cardiac Failure Not Covered Under Category 'E' of Pension Instructions as Death Must Result from Injuries in Live Action.

23 Sep 2019

The appellant, Kanchan Dua, is the widow of a Colonel in the Indian Army who died on 25.01.1992 due to sudden cardiac failure while posted as Commanda...

Supreme Court

Supreme Court Allows Government Appeal in Disability Pension Case — Injury During Casual Leave for Private Purpose Not Attributable to Military Service. Court holds that an injury sustained while on casual leave for a private activity (purchasing goods for sister) has no causal connection with military service, reversing the Armed Forces Tribunal's grant of disability pension.

20 Sep 2019

The case involves an appeal by the Government of India against an order of the Armed Forces Tribunal granting disability pension to Dharambir Singh, a...

Supreme Court

Supreme Court Upholds Armed Forces Tribunal's Order Setting Aside Conviction for Theft of Pistols in Army Court Martial — Confessional Statements Found Involuntary and Uncorroborated. Secondary Evidence Improperly Admitted Without Foundation, and Army Rule 58 Violated as Prosecution Case Not Put to Accused.

13 Sep 2019

The Supreme Court dismissed the appeals filed by the Union of India and the accused, thereby upholding the Armed Forces Tribunal's order dated Decembe...

Supreme Court

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.

2 Sep 2019

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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