Indian Military Cases in Supreme Court 1960- Contd 4

Sl No.	Title	Coram	Date of Judgement	Subject	HeadNotes
46	P.K. Choudhury Vs. Commander, 48 BRTF (GREF)	Coram: S.B. SINHA, V.S. SIRPURKAR	13/03/2008	Code of Criminal Procedure, 1973: s.190 - Delay in filing complaint petition - Not condoned - Cognizance of offence after expiry of period of limitation - Held: Is bad in law - Penal Code, 1860 - ss.166, 167. s.197 - Sanction under - Requiremen	Allowing the appeal, the Court HELD: 1.1 Whereas s.166 IPC prescribes a sentence of simple imprisonment for a term which may extend to one year; the sentence which can be imposed under s.167 IPC is one of either description for a term which may ex	Click here to see Subject, Head Notes, Citation and Judgement
47	Union of India & Anr Vs. V.N. Saxena	Coram: DR. ARIJIT PASAYAT, P. SATHASIVAM	01/04/2008	Service Law - Termination from Army Service - High Court quashed the order of termination, relying on a judgment passed by Supreme Court - On appeal, held: The foundation of judgment of High Court is the judgment of Supreme Court which was held to be	Partly allowing the appeal and remitting the matter to High Court, the Court HELD: Since the foundation of the impugned judgment of the High Court is Major Radha Krishnan's case, therefore, the impugned order is set aside and the matter is remitte	Click here to see Subject, Head Notes, Citation and Judgement
48	BACHAN SINGH Vs. UNION OF INDIA & ORS.	Coram: C.K. THAKKER, LOKESHWAR SINGH PANTA	10/07/2008	Army Act, 1950 - ss. 63 and 109 - Court On allegation of crossing international border - Delinquent official held guilty and sentenced to two years imprisonment - Also dismissed from service - Sentence confirmed - Single Judge of High Court under wri	Dismissing the appeal, the Court HELD: 1.1 Division Bench of the High Court was justified in setting aside the order of the Single Judge who was not justified in setting aside the well-reasoned order of the General Court Martial (GCM) which was	Click here to see Subject, Head Notes, Citation and Judgement
49	UNION OF INDIA & ORS. Vs. RAJPAL SINGH	Coram: C.K. THAKKER, D.K. JAIN	07/11/2008	Army Service: Army Rules, 1954; r.13(2A), 13(3)(i), (ii) and (iii): Junior Commissioned Officer placed in low medical category (Permanent) - Incumbent expressing his willingness to continue in service - Release Medical Board recommending disc	Dismissing the appeal and Special Leave Petitions, the Court HELD: 1.1. The medical status of an army personnel is fixed on the basis of the norms, containing five components viz. (a) psychology (b) hearing (c) appendarist (d) physical and (e) e	Click here to see Subject, Head Notes, Citation and Judgement
50	UNION OF INDIA & ORS. Vs. V.N. SINGH	Coram: HARJIT SINGH BEDI, J.M. PANCHAL	08/04/2010	Army Act, 1950: s. 122 - Period of limitation for trial - Irregularities with regard to local purchase of certain goods in a Army Depot - Disciplinary action against an officer - General Court Martial convened and punishment of forfeiture of 11	Allowing the appeal, the Court HELD: 1.1. Section 122 of the Army Act, 1950 prescribes period of limitation for trial by Court Martial of any person subject to the provisions of the Act for any offence committed by him. A fair reading of s. 122	Click here to see Subject, Head Notes, Citation and Judgement
51	ARUN RAJ Vs. UNION OF INDIA & ORS.	Coram: MUKUNDAKAM SHARMA, H.L. DATTU	13/05/2010	Penal Code, 1860/Army Act, 1950: s.302 and s. 69 of Army Act - Court Martial proceeding - For trial of offence of murder - Eye-witness to the incident - Dying declaration made to another witness - Offence alleged to be result of an incident occu	Dismissing the appeal, the Court HELD: 1.1. The conviction of the appellant for the offence under Section 302 IPC is not bad in law. Under Exception I to Section 300 IPC, an injury resulting into death of the person would not be considered as mu	Click here to see Subject, Head Notes, Citation and Judgement
52	CHARANJIT LAMBA Vs. COMMNDNG.OFFICER,SOUTHERN COMMAND & ORS.	Coram: DALVEER BHANDARI, T.S. THAKUR	06/07/2010	Service Law - Dismissal - On ground of misconduct - Appellant, a Major in the Indian Army - Dismissed on the ground of committing the misconduct of a) making false claim towards payment of transport charges of his household luggage and car and b)	Dismissing the appeal, the Court HELD:1.1. The courts in India have recognized the doctrine of proportionality as one of the ground for judicial review. The doctrine of proportionality is now a well recognized ground on which a Writ Court can i	Click here to see Subject, Head Notes, Citation and Judgement
53	J.S. SEKHON Vs. UNION OF INDIA & ORS.	Coram: MUKUNDAKAM SHARMA, ANIL R. DAVE	10/08/2010	Army Act, 1950 - s.122 - Conviction by General Court Martial (GCM) of Garrison Engineer for defrauding the Army - Conviction challenged on ground that the convening of the GCM was barred by time in view of s.122 - Held: The limitation period for h	Dismissing the appeal, the Court HELD:1.1. Section 122 of the Army Act, 1950 provides the period of limitation for trial, and prescribes that no trial by court martial of any person shall be commenced after the expiration of a period of three ye	Click here to see Subject, Head Notes, Citation and Judgement
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