appellant pleaded not guilty to the charges. The
General Court Martial on November 29, 1978 found him guilty
of first and third charge and awarded ... Chief of Army Staff
praying that the findings of the General Court Martial be
not confirmed. The Chief of the Army Staff by his order
kinds of
court-martial: (a) general courts-martial; (b) district
courts-martial, (c) summary general courts-martial; and. (d)
summary courts-martial. Section ... prescribes procedure of
court-martial. Sec. 129 provides that every court-martial
shall, and every district or Summary general court martial
may, be attended
High Court. By an Order dated 14th October, 1999, a Single Judge of the
High Court held that the Court Martial had been properly conducted ... justification for
interference by the High Court.
Mr. Sharma next submitted that the General Court Martial was not properly
convened. When asked whether such
courts-
martial, namely.
(1) general courts-martial;
(2) district courts-martial;
(3) summary general courts-martial; and
(4) summary courts-martial.
As the Respondent ... court-martial or
by a criminal Court, is not liable to be tried again for the
same offence by a court-martial. It can well
Court-martial impermissible or legally impossible or not practicable, the situation would be covered by the expression' the trial by Court-martial having become ... rank of Major General and Flying Officers in the rank of Brigadier for the General Court Martial, which would have kept them away from their
Court Martial or by a
Criminal Court. (2) Section 127 of the Act which provides
for successive trials by a Criminal Court and a Court ... offences by a
Court Martial. The procedure to be followed by a Court
Martial is quite elaborate and generally follows the pattern
of the procedure
respondent filed a writ petition in the
High Court of Delhi submitting that the general court
martial proceedings having become barred by time against ... officer by a court martial was inexpedient or
impracticable as in fact he had been tried by a court
martial; and secondly, that
with the convening of general court-martial and District court- martial. Rule 40 provides for composition of court-martial. Rule 41 deals with the procedure ... said court-of-inquiry was convened on 2nd May, 1983 and the same led to court-martial.
28. The court-martial who tried the petitioner
High Court of
Judicature for Rajasthan at Jodhpur praying therein for issuance of
appropriate writ, order or direction to quash the General Court
Martial proceedings ... High Court.
9. The Learned Single Judge allowed the writ petition on
December 3, 1999 and quashed and set aside General Court
Martial proceedings held
Court,
subject, when he is in Court to the
permission of the Court.
(2) At a Court-martial, he
represents the Judge-Advocate
General ... High Court. It was not necessary for the
High Court to minutely examining the record of the General
Court martial as if it was sitting
