A. According to Section 45(a) of the Navy Act, 1957, the order of dismissal has been replaced with a punishment of 75 days of detention, while the deprivation of the First Good Conduct Badge remains in effect. The appellant, who was appointed as a Sailor in the Naval Service, faced allegations of as...

Read full Judgement

BALKRISHNA RAM vs. UNION OF INDIA

Judgement Date : january/2020, Citation : 2020 Latest Caselaw 21 SC

Headnote :

IMPORTANTEven in the presence of an alternative remedy, the High Court retains the authority to exercise its Writ Jurisdiction.A. Armed Forces Tribunal Act, 2007 Sections 14, 15, and 34; Constitution of India, 1950 Article 226 - The existence of an alternative remedy does not preclude the High Court...

Read full Judgement

UNION OF INDIA vs. EX NO. 3192684 W SEP. VIRENDRA KUMAR

Judgement Date : january/2020, Citation : 2020 Latest Caselaw 6 SC

Headnote :

IMPORTANTArmy Act - The absence of an opportunity to be present throughout the inquiry during Court of Inquiry proceedings cannot be raised once a final order has been issued by the Court Martial following a comprehensive trial.Army Act - The lack of opportunity to be present throughout the inquiry...

Read full Judgement

UNION OF INDIA vs. P.S.GILL

Judgement Date : november/2019, Citation : 2019 Latest Caselaw 1156 SC

Headnote :

IMPORTANTThe order convening a General Court Martial can be contested in an appeal before the Armed Forces Tribunal.According to the Armed Forces Tribunal Act, 2007, specifically Sections 3(o), 14, and 15, the AFT has jurisdiction over matters related to General Court Martial. Conditions of service...

Read full Judgement

ROJER MATHEW vs. SOUTH INDIAN BANK LTD.

Judgement Date : november/2019, Citation : 2019 Latest Caselaw 1093 SC

Headnote :

CRUCIALThe Ministry of Law and Justice has been instructed to conduct a \'Judicial Impact Assessment\' for all tribunals established by Parliament and to present the findings to the appropriate legislative authority.Rajan Gogoi, CJI. N.V.Ramana and Sanjiv Khanna, JJ.A. Constitution of India, 1950 Ar...

Read full Judgement

AIR COMMDORE NAVEEN JAIN vs. UNION OF INDIA

Judgement Date : october/2019, Citation : 2019 Latest Caselaw 926 SC

Headnote :

Promotion - The criteria for promotion to the rank of Air Vice Marshal is determined by the Air Force\'s policy, which applies to all officers within the consideration zone. This policy is based on the principles of \"merit-cum-seniority\" or \"seniority-cum-merit,\" and promotions are made accordin...

Read full Judgement

UNION OF INDIA vs. LT. COL. KULDEEP YADAV

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 873 SC

Headnote :

According to Section 14(5) of the Armed Forces Tribunal Act, 2007, regarding disciplinary proceedings, the imposition of Severe Displeasure (Recordable) is under scrutiny. The individual in question had interactions with a foreign national and stayed at an army guest house with her, raising concerns...

Read full Judgement

UNION OF INDIA vs. SANDEEP KUMAR

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 829 SC

Headnote :

IMPORTANTThe Army Force Tribunal does not have the authority to overturn the findings of a Court Martial simply because it believes an alternative perspective is possible.According to the Armed Forces Tribunal Act, 2007, Sections 15 and 30, and Army Rules, Rule 58 - concerning the Indian Penal Code,...

Read full Judgement

EX.SEPOY (WASHERMAN) RAM KHILAWAN vs. UNION OF INDIA

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 796 SC

Headnote :

According to Rule 13(3) Item III(iii) of the Army Rules, 1954 - Discharge from service on the basis of medical unfitness - The appellant, who served as a Washerman in the Army, was discharged on medical grounds due to CNS (IN) Seizure, resulting in his classification in Low Medical Category BEE. Sin...

Read full Judgement