Force Authorities to exercise their option
to try the appellant by court-martial, the right of the
appellant to be tried by court-martial ... Code of Criminal
Procedure and Criminal Courts and Court Martial (Adjustment
of Jurisdiction) Rules, 1952 (hereinafter the '1952 Rules').
11. Section
petty
High Court assailing the order passed against him in the
Court Martial Proceedings and the High Court by the impugned
judgment quashed the said ... order in the Court Martial
Proceeding. In the Court-martial the respondent was found
guilty of offence under Section 354 and was sentenced to
imprisonment
half months in custody
before the conviction was recorded by the court-martial.
2. The factual score, as depicted, is that the petitioner was appointed ... absented himself without leave from 9.10.2012 to
1.2.2013, a court-martial proceeding was initiated against him and,
eventually, by order dated 15.3.2013, he was found
evidence was also
recorded, which was completed on 03.06.2005. The
General Court Martial commenced on 28.11.2005, and the
trial was concluded on 16.03.2006. The General ... Court
Martial convicted the Respondent under Section 302 IPC for
3 | Page
the murder of Havildar Harpal and for attempting to
commit suicide. The Respondent
case of the respondent even though he was tried by a court
martial under the border Security Force Act and Section 5 of
the Code ... imprisonment is applicable when an army
personnel is convicted by the Court Martial under the Army
Act , the High Courts gave cifferent decisions
prayed for an order for setting aside and quashing the general court martial proceedings and convening orders with charge sheet and summary of evidence ... writ petition that the aforesaid convening order of the general court martial is violative of the provisions of Rule 43 of the Air Force Rules
petitioner was tried by a General Court Martial (for
short GCM), which exonerated him of all the charges by holding
him „Not Guilty‟. The confirming ... loss to public or
regimental property must be tried by a Court Martial
or prosecuted in a Civil Court. Such cases will not be
disposed
Chief, Eastern Air Command. Disciplinary action was taken and the General Court Martial assembly was convened. The writ Court by its order dated 4.1.99 directed ... against the petitioner for violating the order of respondents and General Court Martial had been convened for trial of the writ petitioner on the basis
Constitution. The petitioner's trial by General Court-Martial and the finding and sentence by the said Court as also the confirmation ... fourteen years. The finding and the sentence of the General Court-Martial were confirmed by the Chief of the Air Staff on 13/12/1963
dated 23.1.1999 alleging that respondents were proposing to initiate court martial proceedings on the basis of allegation relating to 1996 which are the same charges ... such proceedings. On 28th January, 1999 order was passed staying court martial proceedings (may be stated that in this order CM.6868/98 is mentioned
