Army Act, 1950

Armed Forces Tribunal Jurisdiction Over Service Matters: Supreme Court Upholds Tribunal’s Power in Union of India vs. P.S. Gill (27 November 2019)

/ Armed Forces Tribunal Act, 2007, Armed Forces Tribunal Act, 2007 with Section 14, Armed Forces Tribunal Act, 2007 with Section 3(o), Army Act, 1950, Army Act, 1950 with Section 123, Army Act, 1950 with Section 52(f), Army Act, 1950 with Section 63, Hemant Gupta, Judges, L. Nageswara Rao

Armed Forces Tribunal Jurisdiction Over Service Matters: Union of India vs. P.S. Gill (2019) LEGAL ISSUE: Scope of the Armed Forces Tribunal’s jurisdiction over service matters, specifically regarding challenges to the convening of a General Court Martial. CASE TYPE: Armed Forces Law/Service Law Case Name: Union of India & Ors. vs. P.S. Gill Judgment Date: […]

Armed Forces Tribunal Jurisdiction Over Service Matters: Supreme Court Upholds Tribunal’s Power in Union of India vs. P.S. Gill (27 November 2019) Read Post »

Supreme Court Upholds Armed Forces Tribunal Decision: Dismissal of Sepoy Pravat Kumar Behuria Set Aside in Army Assault Case (06 November 2019)

/ Army Act, 1950, Army Act, 1950 with Rule 23(2), Army Rules, 1954, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 326, Judges, L. Nageswara Rao, Offences Against Human Body

Supreme Court Upholds Armed Forces Tribunal Decision in Sepoy Pravat Kumar Behuria Case Date of the Judgment: 06 November 2019 Citation: Criminal Appeal No. 1627 of 2019 (@ Diary No. 1052 of 2018) Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a court martial’s decision be overturned if proper procedure isn’t followed? The

Supreme Court Upholds Armed Forces Tribunal Decision: Dismissal of Sepoy Pravat Kumar Behuria Set Aside in Army Assault Case (06 November 2019) Read Post »

Supreme Court clarifies the causal connection requirement for disability pension in Armed Forces: The Secretary, Government of India vs. Dharambir Singh (20 September 2019)

/ Army Act, 1950, Army Act, 1950 with Section 3, Army Act, 1950 with Section 9, Disability Pension, Entitlement Rules for Casualty Pensionary Awards, 1982, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Clarifies Disability Pension Rules for Armed Forces Personnel on Leave LEGAL ISSUE: Whether a disability sustained by an Armed Forces personnel while on leave is attributable to military service and thus qualifies for disability pension. CASE TYPE: Service Law – Disability Pension Case Name: The Secretary, Government of India & Ors. vs. Dharambir

Supreme Court clarifies the causal connection requirement for disability pension in Armed Forces: The Secretary, Government of India vs. Dharambir Singh (20 September 2019) Read Post »

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019)

/ Army Act, 1950, Army Act, 1950 with Section 133, Army Act, 1950 with Section 52(a), Hemant Gupta, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Judges, L. Nageswara Rao

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019) LEGAL ISSUE: Admissibility of Confessional Statements and the scope of powers of the Armed Forces Tribunal to overturn decisions of a District Court Martial. CASE TYPE: Criminal (Armed Forces Law) Case Name: Union of India & Ors. vs. Sandeep

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019) Read Post »

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019)

/ Army Act, 1950, Army Act, 1950 with Section 44, Army Rules, 1954, Army Rules, 1954 with Rule 13, Discharge from Service, Hemant Gupta, Judges, L. Nageswara Rao, Summary Court Martial

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019) LEGAL ISSUE: Whether an army personnel can be discharged from service for submitting a false educational certificate, even after being exonerated in a Summary Court Martial for the same offense. CASE TYPE: Service Law Case

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019) Read Post »

Supreme Court Upholds Discharge of Army Personnel with Multiple Red Ink Entries: Sep. Satgur Singh vs. Union of India

/ Army Act, 1950, Army Act, 1950 with Section 39(a), Army Act, 1950 with Section 63, Discharge from Service, Hemant Gupta, Judges, L. Nageswara Rao, Preliminary Enquiry, Service Law

Supreme Court Upholds Discharge of Army Personnel with Multiple Red Ink Entries: Sep. Satgur Singh vs. Union of India (2019) LEGAL ISSUE: Whether an army personnel can be discharged for having multiple red ink entries in his service record. CASE TYPE: Service Law Case Name: Sep. Satgur Singh vs. Union of India & Ors. Judgment

Supreme Court Upholds Discharge of Army Personnel with Multiple Red Ink Entries: Sep. Satgur Singh vs. Union of India Read Post »

Summary Court Martial Powers: Supreme Court clarifies procedure in Randhir Singh vs Union of India (2019)

/ Army Act, 1950, Army Act, 1950 with Section 120, Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Summary Court Martial

Supreme Court on Summary Court Martial: Randhir Singh vs Union of India (2019) LEGAL ISSUE: Whether a Summary Court Martial (SCM) was validly convened when there was no grave reason for immediate action. CASE TYPE: Armed Forces Law Case Name: Randhir Singh vs. Union of India & Ors. Judgment Date: July 8, 2019 Date of

Summary Court Martial Powers: Supreme Court clarifies procedure in Randhir Singh vs Union of India (2019) Read Post »

Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case: Dalbir Singh vs. Union of India (2019) INSC 650 (02 July 2019)

/ A.S. Bopanna, Army Act, 1950, Army Act, 1950 with Section 34(c), Court Martial, Disciplinary Proceedings, Judges, M.R. Shah, Military Law

Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case Date of the Judgment: 02 July 2019 Citation: (2019) INSC 650 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a soldier be dismissed for not retaliating against militants and abandoning his post during an attack? The Supreme Court of India

Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case: Dalbir Singh vs. Union of India (2019) INSC 650 (02 July 2019) Read Post »

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019)

/ Armed Forces Law, Army Act, 1950, Army Act, 1950 with Section 39, Army Act, 1950 with Section 71, Court Martial, Dhananjaya Y Chandrachud, Discipline in Armed Forces, Hemant Gupta, Judges

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019) LEGAL ISSUE: Whether the Armed Forces Tribunal was correct in modifying the punishment of dismissal from service to notional service until pension eligibility for unauthorized absence of a member of the Armed Forces. CASE TYPE: Armed Forces Law Case

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019) Read Post »

Supreme Court Upholds Right to Legal Assistance in Summary Court Martial: Jaswant Singh vs. Union of India (2018)

/ Army Rules, 1954, Army Rules, 1954 with Rule 129, Constitutional Law, Dhananjaya Y. Chandrachud, Judges, M.R. Shah, Natural Justice, Summary Court Martial

Supreme Court Upholds Right to Legal Assistance in Summary Court Martial: Jaswant Singh vs. Union of India (2018) Date of the Judgment: 10 December 2018 Citation: 2018 INSC 1088 Judges: Dr. Dhananjaya Y. Chandrachud, J., M.R. Shah, J. Can a soldier be denied legal representation during a Summary Court Martial? The Supreme Court of India

Supreme Court Upholds Right to Legal Assistance in Summary Court Martial: Jaswant Singh vs. Union of India (2018) Read Post »

Supreme Court Upholds Pay for Extended Study Leave in Army Medical Corps Case: Union of India vs. Col. P.D. Poonekar (2018)

/ Armed Forces, Army Instructions, Army Medical Corps, Dhananjaya Y. Chandrachud, Judges, M.R. Shah, Pay and Allowances, Retiral Benefits, Service Law, Study Leave

Supreme Court Upholds Pay for Extended Study Leave in Army Medical Corps Case: Union of India vs. Col. P.D. Poonekar (2018) LEGAL ISSUE: Whether an Army Medical Corps officer is entitled to pay and allowances for an extended period of study leave, when the extension was sanctioned by the President of India. CASE TYPE: Service

Supreme Court Upholds Pay for Extended Study Leave in Army Medical Corps Case: Union of India vs. Col. P.D. Poonekar (2018) Read Post »

Supreme Court Upholds Selection Board’s Decision in Army Promotion Case: Union of India vs. Col Ran Singh Dudee (2018) INSC 567 (3 July 2018)

/ Adarsh Kumar Goel, Army Act, 1950, Army Act, 1950 with Section 165, Consequential Benefits, Judges, Promotion, Selection Board, Service Law, Uday Umesh Lalit

Supreme Court Upholds Selection Board’s Decision in Army Promotion Case Date of the Judgment: 3 July 2018 Citation: (2018) INSC 567 Judges: Adarsh Kumar Goel, J., Uday Umesh Lalit, J. Can “consequential benefits” following the quashing of a General Court Martial include automatic promotion to a higher rank? The Supreme Court of India addressed this

Supreme Court Upholds Selection Board’s Decision in Army Promotion Case: Union of India vs. Col Ran Singh Dudee (2018) INSC 567 (3 July 2018) Read Post »

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