Supreme Court · 2003 INSC 254 · Decided 24 April 2003

Union of India and ORS. v. Shivendra Bikaram Singh

Court
Supreme Court of India
Citation
2003 INSC 254 · [2003] 3 S.C.R. 881
Case number
CRIMINAL APPEAL No. 821/2001
Decided
24 April 2003
Bench
N. SANTOSH HEGDE, B.P. SINGH (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC; Constitution

Headnote

B Military Laws: Navy Act, 1957-Sections 97, JOI, 102, 162 and 163-Court Martial proceedings-Conviction-Objection as to competency of members of Court C Martial proceedings to act as impartial judge-Trial Judge Advocate disposing of the objection himself without referring to the members of Court since in terms of mandatory provision of Section 102, trial Judge Advocate should not have disposed of the objection himself- D Since accused did not challenge the ruling of trial Judge Advocate after an intermediate stage of proceedings it cannot be said that he waived his right to raise

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