Supreme Court of India
Union of India and Ors. v. Harjeet Singh Sandhu
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the expiry of period of limitation under Section 122 of the Act does not ipso facto take away the exercise of power under Section 19 read with Rule.
Judgment, page 36
From the headnote
Anny Rules, 1954 : Rule 14. Officer-Tennination of sen•ice of-By Central Government-Trial by court-martial-Inexpediency or impracticability of-Held: Services of an of- c fleer may be tenninated untkr S. 19 of the Anny Act read witlz R. 14 either before convening the court-martial or after it has been convened and com- menced provitkd trial by court-matrial is inexpedient or impractical. Army Act, 1950 : Sections 19 and 122-Trial by court-martial-Period of limitation- Expiry of-Power under S. 19 read with R. 14-Held: Expiry of period of limitation for trial by court-martial does not take away
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Where later benches applied it
Of those, 2 relied on
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