Search Results for "Criminal Courts and Court Martial Rules"

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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 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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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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High Court of Karnataka Dismisses Appeal by Union of India in Army Dismissal Case Due to Procedural Irregularity. Summary Court Martial Conducted Without Following Mandatory Procedure Under Army Rules 22-24 and Section 80 of Army Act, 1950 Renders Dismissal Void.

The Union of India, Ministry of Defence, and other appellants challenged an order dated 5th September 2001 passed by a learned Single Judge of the Kar...

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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...