Supreme Court of India

Union of India and Ors. v. Shivendra Bikaram Singh

Neutral citation
Bench N. Santosh Hegde and B.P. Singh JJ.
Decided 24 April 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Before parting with this judgment we may notice the submission urged on behalf of the respondent that the re-trial of the respondent, even if E ordered, will be barred by limitation in view of the provision of section 79 of the Act.

Judgment, page 24

From the headnote

Military Laws: Navy Act, 1957-Sections 97, JOI, 102, 162 and 163-Court Martial proceedings-Conviction-Objection as to competency of members of Court Martial proceedings to act as impartial judge-Trial Judge Advocate disposing of the objection himself without referring to the members of Court Martial-Justification of-Held: Court Martial proceedings vitiated for not referring the objections since in terms of mandatory provision of Section 102, trial Judge Advocate should not have disposed of the objection himself- Since accused did not challenge the ruling of trial Judge Advocate after an…

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