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1 - 10 of 12 (0.23 seconds)Section 16 in The Armed Forces Tribunal Act, 2007 [Entire Act]
Article 32 in Constitution of India [Constitution]
The Army Act, 1950
Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Navy Act, 1957
Section 69 in The Army Act, 1950 [Entire Act]
Major G.S. Sodhi vs Union Of India (Uoi) on 30 November, 1990
10. This Court in Major G.S. Sodhi v. Union of India2
rejected the challenge to the Court Martial proceedings
while dismissing the Writ Petitions filed under Article 32
of the Constitution. The main grievance of the
petitioners in that case was the violation of the
procedure prescribed in Rules 22 and 23 of the Army
Rules. While recording a finding that there has been
substantial compliance of Rules 22 and 23, this Court has
held that recording of evidence is only to find out
whether there is a prima facie case to convene a court-
martial. This Court was of the opinion that the object
and effect of the Rules should be considered in the
context bearing in mind the general principle whether
such an incomplete compliance has caused any prejudice
to the delinquent officer. However, it was held that if
there is any violation of mandatory rules, the benefit of
the same should be given to the delinquent officer. The
2 (1991) 2 SCC 382
13 | P a g e
conclusion in that case was that there was no violation of
the Rules and in any event no prejudice was caused to
the petitioners therein.
The Air Force Act, 1950
Union Of India And Others vs Major A. Hussain, Ic- 14827 on 8 December, 1997
In Union of India & Ors. v.
Major A. Hussain (IC-14827)3, this Court while setting
aside the judgment of the High Court of Andhra Pradesh
upheld the order of conviction of the respondent by the
Court Martial.