Supreme Court of India

Union of India and Ors. v. Shivendra Bikaram Singh

Neutral citation
Reported as [2003] 3 S.C.R. 881
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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