Army Rules, 1954, Rule 58 -- Statement of accused - Self serving statements made when opportunity was given to accused u/r 58 of Rules, will not create any suspicion on PWs when there is not even a remote suggestion to any of PWs who alone could depose facts so stated by accused...........
Army Rules, 1954, Rule 58 -- Incriminating circumstances - Where accused is given detailed statements touching incriminating circumstances appearing in prosecution evidence and also retracted confessional statement made by them, it cannot be said that putting Incriminating circumstances to accused have caused any prejudice to accused...........
Army Instructions, 1988 -- Para 5(a) - Discharge - Unauthorized absence from service - No explanation given by appellant in reply to show cause notice regarding his absence from duty on seven occasions - Appellant is a habitual offender - Since absence of duty was on several different occasions for which he was imposed punishment of imprisonment, therefore order of..........
Army Rules, 1954, Rule 13(3)(III)(iii) -- Discharge - Ground of Low Medical Category - Appellant discharged from service only on the ground of his medical unfitness for further service u/r 13(III)(iii) not u/r 13(III)(v) of Rules, therefore, he could not be invalidated out of service without recommendation of Invalidating Medical Board - Since discharge is proceeded..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Constitution of India, 1950, Article 142 -- Compensation - Death of person in custody of army - Specific finding recorded by District & Sessions Judge and even by High Court that there is violation of Art.21 of Constitution - Prima facie finding against appellants regarding death of deceased - High Court awarded Rs.3 lakhs which is on a lower side - Amount of compensation..........
Pension Regulation for the Army, 1961 -- Reguls.173,173-A - Ex-gratia compensation - Discharge - Appellant who was on an extended tenure of service suffered a stroke and consequently placed in a permanent low medical category and discharged from service - Disability was not attributable or aggravated by military service - He was thus, entitled to benefit of disability..........
Army Act, 1950, Section 34(c), 65 -- Dismissal from service - Order of sentence - Charge of exhibiting cowardice by abandoning post - Task assigned to group of officers was to cordon the area and prevent militants from breaking through - However, on being attacked by militants appellant abandoned his post and jumped over wall to escape from spot - He had not retaliated..........
Army Act, 1950, Section 30 -- Dismissal from service - Absence of 302 days without leave - Respondent admitted his absence without leave - However, he did not make any effort to apply for extension of his leave - Absence of 302 days from his duty by a member of Armed force cannot be condoned - Tribunal committed error in coming to conclusion that punishment of dismissal as..........
Army Rules, 1954, Rule 40 -- General Court Martial - Challenge to composition - Appellant holding rank of Lieutenant General tried by GCM which consisted of members below his rank - Such a composition cannot be countenanced in law - Merely because appellant had retired in the meantime cannot be a ground to discard and give a go by to the provisions of Rule 40(2) of the..........
