Supreme Court · 1998 INSC 109 · Decided 20 February 1998
Union of India and ORS. v. CAPT. A.P. Bajpai
- Court
- Supreme Court of India
- Citation
- 1998 INSC 109 · [1998] 1 S.C.R. 1041
- Case number
- CIVIL APPEAL No. 9190/1995
- Decided
- 20 February 1998
- Bench
- SUJATA V. MANOHAR, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
B Service Law : Army Act, 1950 : Sections 39(b), 52(a), 153, 180 and 164(2). c Confirming authority-Revisional jurisdiction under S. 160-Scope­ Confirming authority without intending to interfere with the discretion of the court directed General Court-Martial (GClvf): (i} to reconsider the further opportunity to the accused to address the Court and (iii) to pass a suitable fresh sentence in case the accused was found guilty- D Accused contended that the mind of GCM was influenced by the observations of the confirming authority, and that the confirming authority ought not to have
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