Delhi HC: Woman's Right to a Shared Household Does Not Allow Indefinite Occupation of In-Laws' Home  ||  Delhi HC: Director Disputes in a Company Do Not Qualify as Genuine Hardship to Delay ITR Filing  ||  Delhi HC: ECI Cannot Resolve Internal Disputes of Unrecognised Parties; Civil Court Must Decide  ||  Bombay High Court: Senior Citizens Act Cannot be Misused to Summarily Evict a Son  ||  Chhattisgarh HC: Service Tax Refund Can't Be Denied on Limitation When Payment Was Made During Probe  ||  Supreme Court: If Tribunal Ends Case For Unpaid Fees, Parties Must Seek Recall Before Using S.14(2)  ||  SC: Article 226 Writs Jurisdiction Cannot be Used to Challenge Economic or Fiscal Reforms  ||  Supreme Court: Hostile Witness Testimony Can't Be Discarded; Consistent Parts Remain Valid  ||  Supreme Court: GPF Nomination in Favour of a Parent Becomes Invalid Once the Employee Marries  ||  Supreme Court: Candidate Not Disqualified if Core Subject Studied Without Exact Degree Title    

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