Supreme Court · 2004 INSC 205 · Decided 23 March 2004

Union of India and ORS. v. Gurnam Singh

Court
Supreme Court of India
Citation
2004 INSC 205 · [2004] 3 S.C.R. 494
Case number
CIVIL APPEAL No. 1883/2004
Decided
23 March 2004
Bench
K.G. BALAKRISHNAN, B.N. SRIKRISHNA (2-judge bench)
Outcome
Leave Granted & Disposed off
Case type
Civil
Acts & sections cited
Constitution

Headnote

Army Rules, 1954: Rr. 37(/) and 37(3)-Recording of satisfaction justifYing court martial C and signing of convening order-Army Officer-Prosecution-General Court Martial held him guilty-Dismissal from service- Writ Petition by accused alleging violation of Rules 37(/) and 37(3) on the ground that that the evidence justified a court martial and the order convening the court D martial was signed by an officer other than the officer competent to convene the general court martial-Allowed by High Court-Held, r.37 does not contemplate that the officer who actually convenes the court martial

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