Supreme Court · 1999 INSC 242 · Decided 12 May 1999

Union of India v. Himmat Singh Chahar

Court
Supreme Court of India
Citation
1999 INSC 242 · [1999] 3 S.C.R. 513
Case number
CRIMINAL APPEAL No. 201/1994
Decided
12 May 1999
Bench
G.B. PATTANAIK, K.T. THOMAS (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 77(2), 354; Constitution Article 226, 227

Headnote

A v. HIMMA T SINGH CHAHAR MAY 12, 1999 [G.B. PATTANAIK AND K.T. THOMAS, JJ.) B Constitution of India Articles 226 and 227-Judicial Review of Court Martial proceedings­ Scope-Power to re-appreciate evidence and substitute its own findings- C Held, not permissibles-Limited to finding out any D procedure to be followed-Normal procedure Code dose not apply-Sufficient safeguard by way of further appeal and consideration, provided-Navy Act, 1957-Army Act, 1950--Air Force Act, 1950. The respondent was serving as a petty officer on a Naval Submarine. He faced Court Martial proceedings

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