SC: Hindu Daughter-In-Law Widowed After Her Father-In-Law’s Death is Entitled to Maintenance  ||  SC: Vendor Remains a Necessary Party in Specific Performance Suits Even After Transferring Property  ||  Raj HC: Having Different Age Criteria For Contractual and Regular Appointments is Unconstitutional  ||  Delhi HC: Registered Property Title Prevails over Claims Based on Oral Family Settlements  ||  Gauhati HC: Only A Family Court Can Grant A Divorce under Muslim Law, Not A Civil Judge  ||  Del HC: Courts Cannot Compel Lawyers to Disclose Sources of Documents Filed on Clients' Instructions  ||  SC Explains When Shares Received After Company Amalgamation are Taxable as Business Income  ||  SC: Excavators, Dumpers Etc Used Within Factories aren’t Motor Vehicles For Road Tax Purposes  ||  SC: Complaints Alleging Fraud under Companies Act Can Be Filed Only By SFIO, Not By Private Parties  ||  SC: Preventive Detention Cannot Override Bail and Requires Proof of a Threat to Public Order    

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 2026 - All Rights Reserved