NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor  ||  NCLAT: NCLT Can Direct Forwarding a Copy of its Order to Relevant Statutory Authorities  ||  Delhi HC: Centre to Expedite Process of Accessibility Features in OTT platforms for PwDs  ||  Delhi HC: Once Worker Provides Testimony Under Oath ‘Burden of Proof’ Shifts on Employer  ||  SC: There Cannot be Discrimination in Matter of Payment of Pension to Retired Judges  ||  SC: India is Not a Dharamshala that Can Entertain Foreign Nationals from All Over  ||  SC: Can Quash Domestic Violence Act Complaints Under Section 482 of CrPC  ||  Supreme Court: Can’t Use Statement of One Accused against Another  ||  SC: Inclusion of Name in Draft NRC Cannot Annul Foreigners Tribunal’s Declaration as Non-Citizen  ||  Supreme Court: Minimum Practice of 3 Years Mandatory to Enter Judicial Service    

SEP. Akhalesh Kumar Ray v. UOI and Ors. - (High Court of Delhi) (14 Sep 2015)

Courts empowered to determine if court-martial conducted in accordance with law

MANU/DE/2675/2015

Criminal

High Courts cannot re-appreciate findings of court-martial, they can however interfere if findings reached are perverse. In a case where an Army Sepoy driver was sanctioned for illegally selling petrol belonging to the government, the Court held that the court-martial reached its conclusion on “scant…if present” evidence. It had remained unproven that the petrol belonged to the government, and the sepoy’s fingerprints were not matched with those on the bottles used to carry petrol. The Court decided that though there was merit in the leveling of charges from witness testimony, on a lack of evidence, the benefit of doubt had to be given to be given to the sepoy.

Relevant : Maharashtra State Board of Secondary and Higher Secondary Education v. K.S. Gandhi and Others MANU/SC/0583/1991 Sawai Singh v. State of Rajasthan MANU/SC/0340/1986 Avtar Singh v. Union of India and Ors. MANU/DE/3349/2013

Tags : ARMY   COURT MARTIAL   EVIDENCE   TESTIMONY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved