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Legislation

Army Act

14 Supreme Court judgments cite this Act.

B.D. KHUNTEversusUNION OF INDIA & ORS.

2014 INSC 75330 October 2014Dismissed

B.D. Khunte, a jawan, was allegedly beaten and humiliated by his superior Sub Randhir Singh in a store room on 28 June 2006. Later that evening, while on guard duty, Khunte shot and killed Singh with his service rifle. He was tried by a Summary General Court Martial, convicted under Section 69 of the Army Act and Secti

UNION OF INDIA AND ORS.versusANAND SINGH BISHT

1996 INSC 95828 August 1996Disposed off

Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of Criminal Procedure, whic

UNION OF INDIA AND ORS.versusSHIVENDRA BIKARAM SINGH

2003 INSC 25424 April 2003Dismissed

The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his objections without referri

UNION OF INDIA AND ORS.versusGURNAM SINGH

2004 INSC 20523 March 2004Leave Granted & Disposed off

The Supreme Court examined whether the General Court‑Martial of Major Gurnam Singh was convened in violation of Rule 37(1) and 37(3) of the Army Rules, 1954. The respondent argued that the officer who convened the court‑martial had not personally satisfied himself that the charges were offences under the Army Act and t

VISHNU DAYAL JHUNJHUNWALA & ANR.versusUNION OF INDIA AND OTHERS

1984 INSC 8618 April 1984Dismissed

The appellant owned a sugar mill that had been permanently shut down before the Central Government issued an order under Rule 125A of the Defence of India Rules, 1962, taking over its management and appointing an authorised controller. The appellant argued that because the mill was closed and not engaged in production,

UNION OF INDIAversusHIMMAT SINGH CHAHAR

1999 INSC 24212 May 1999Appeal(s) allowed

Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central Government, both of which uph

UNION OF INDIA AND ORS.versusK.P. SINGH AND ANR.

2017 INSC 4912 January 2017Disposed off

The Union of India appealed against two Armed Forces Tribunal (AFT) orders granting the Dynamic Assured Career Progression (DACP) Scheme to doctors serving as commissioned officers in the Army Medical Corps (AMC). The respondents argued that DACP, approved for civilian doctors, should also apply to AMC officers, relyin

UNION OF INDIA & ORS.versusLT. COL. RAHUL ARORA

2024 INSC 6729 September 2024Dismissed

Lt. Col. Rahul Arora, an Army Medical Corps officer, was convicted by a General Court Martial of two offences—accepting extraneous consideration to declare a recruit fit and unauthorised absence—and dismissed from service. The Armed Forces Tribunal upheld the conviction, but the High Court set aside the tribunal’s orde

UNION OF INDIA AND ORS.versusBRG. P. K.DUTTA (RETD)

1994 INSC 5837 December 1994Disposed off

Brigadier P.K. Dutta retired in 1991 and claimed his pension and other retiral benefits, which had not been paid. While his claim was pending, a General Court Martial in 1992 sentenced him to three years' rigorous imprisonment and cashiered him, a decision later confirmed by the Chief of Army Staff. The Delhi High Cour

CHARANJIT LAMBAversusCOMMANDING OFFICER, SOUTHERN COMMAND AND ORS.

2010 INSC 3646 July 2010Dismissed

Major Charanjit Lamba, an officer of the Indian Army, was found guilty by a General Court Martial of falsely claiming transport charges for his household luggage and car, and later of failing to clear electricity dues after a remand. The Court sentenced him to dismissal from service, which he challenged on the ground t

RAIPUR DEVELOPMENT AUTHORITY ETC. ETC.versusCHOKHAMAL CONTRACTORS ETC. ETC.

1989 INSC 1804 May 1989Remitted to Lower Court

The Supreme Court examined whether an award under the Arbitration Act, 1940 could be remitted or set aside solely because the arbitrator or umpire did not give reasons. The Court held that unless the arbitration agreement, deed of submission, or a specific court order or statute requires reasons, an arbitrator is under

SEP. SATGUR SINGHversusUNION OF INDIA & ORS.

2019 INSC 9882 September 2019Dismissed

Sep. Satgur Singh, a serving army personnel, was discharged after a show‑cause notice highlighted seven punishments (red‑ink entries) incurred over 11 years of service. He replied only with vague family‑related explanations, and the Commanding Officer recorded him as a habitual offender and ordered discharge. The appel

THE STATE OF SIKKIMversusJASBIR SINGH & ANR.

2022 INSC 1281 February 2022Appeal(s) allowed

The State of Sikkim appealed against a High Court order that directed the accused army personnel, Jasbir Singh and another, to be tried by a court‑martial for a murder under IPC sections 302 and 308. The Supreme Court examined whether the offence fell within the exclusive jurisdiction of a court‑martial or within the c

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