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Constitutional law

ARSHNOOR KAUR & ANR. versus THE UNION OF INDIA & ORS.

Once the Central Government has by notification under Section 12 Army Act, 1950 permitted women to join a particular corps/branch (here JAG), the executive cannot, by policy or administrative instruction, impose additional restrictions on the extent of induction or create a reserved category for men; the impugned notification allocating unequal vacancies (six for men, three for women) and separate treatment that results in meritorious women being denied selection violates Articles 14, 15 and 16 and Section 12 and amounts to indirect discrimination; a combined merit list should be published an…

Source excerpt

  • Article 14
  • Article 15
  • Article 16
  • Article 33
  • Army act, 1950 s.12
  • Gender neutrality
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Constitutional law

IRWAN KOUR versus PUNJAB PUBLIC SERVICE COMMISSION & ORS.

IMNS personnel who have been released after completion of their period of engagement and given gratuity fall within the definition of "ex-serviceman" under Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982 because IMNS is part of the armed forces of the Union; therefore such persons are eligible for reservation under the Punjab Rules and state-level clarifications by the Kendriya Sainik Board do not alter the State's rule interpretation.

Source excerpt

  • Reservation
  • Ex-servicemen
  • Recruitment
  • Indian military nursing service (imns) eligibility
  • Interpretation of rules
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Administrative law

LT. COL. SUPRITA CHANDEL versus UNION OF INDIA AND ORS.

The appellant, being identically situated with officers who obtained relief from the AFT Principal Bench, was wrongly excluded from consideration and is entitled to parity; in the exercise of Article 142, the appellant must be granted Permanent Commission and all consequential benefits from the same date as similarly situated persons who obtained relief pursuant to the AFT Principal Bench order; the AFT Regional Bench order is quashed and set aside.

Source excerpt

  • Permanent commissioning
  • Age relaxation
  • Equal treatment/non-discrimination
  • Extension of benefit to similarly situated persons
  • Article 142 remedy
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Service law

S.P. PANDEY versus UNION OF INDIA & ORS.

The Tribunal's findings that the admonition and retrial were disproportionate and showed elements of vindictiveness, coupled with assurances of expungement, justified setting aside the punishment and awarding compensation; accordingly the Supreme Court allowed the appeal and directed payment of Rs. 1 lakh as compensation for unnecessary and long-drawn litigation.

Source excerpt

  • Misconduct
  • Admonition
  • Compensation
  • Disciplinary proceedings
  • Good governance
  • Vindictiveness
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Service law

EX SEPOY MADAN PRASAD versus UNION OF INDIA AND OTHERS

The Supreme Court held that the appellant had not produced evidence to justify overstaying leave, pleaded guilty at the SCM, was a habitual offender with multiple prior punishments, and that a Summary Court-Martial had discretion under the Act and DSR to impose dismissal; therefore the punishment of dismissal was not disproportionate and there was no infirmity in the Armed Forces Tribunal judgment upholding the dismissal.

Source excerpt

  • Absence without leave / overstaying leave
  • Summary court martial
  • Punishment and proportionality
  • Discipline in armed forces
  • Procedural regularity of court of inquiry/scm
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Criminal law

NO.15138812Y L/NK GURSEWAK SINGH versus UNION OF INDIA & ANR.

The Court held that on the facts there was no premeditation and the killing occurred in a sudden fight/heat of passion invoking exception 4 to Section 300 IPC; therefore the act amounted to culpable homicide not amounting to murder under Part I of Section 304 IPC rather than murder under Section 302 IPC; taking into account mitigating circumstances and the period already undergone (about 9 years and 3 months), the sentence is set as the period already served.

Source excerpt

  • Culpable homicide not amounting to murder
  • Exception 4 to section 300 ipc
  • Section 304 part i ipc
  • Section 302 ipc
  • Sudden fight
  • Heat of passion
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Constitutional law

JOSEPH SHINE versus UNION OF INDIA

The Court clarified that its judgment in Joseph Shine v. Union of India was confined to the validity of Section 497 IPC and Section 198 Cr.P.C. and did not consider or pronounce upon the effect or operation of provisions of the Army Act, 1950 (including Sections 45 and 63), the Air Force Act, 1950 or the Navy Act, 1957; accordingly the present application for clarification is disposed of without pronouncing on the merits of proceedings under those service Acts.

Source excerpt

  • Article 33
  • Section 497 ipc
  • Unbecoming conduct
  • Good order and military discipline
  • Clarification of judgment
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Military law

IC-56663X COL ANIL KUMAR GUPTA versus UNION OF INDIA & ORS.

The order dated 22.11.2018 directing trial by General Court Martial was barred by Section 122 because the aggrieved officer had knowledge of the alleged offence on 13.08.2015 (date of his letter), making the Convening Authoritys action beyond the three-year limitation; accordingly the GCM order is quashed, but disciplinary proceedings pursuant to the charge-sheet dated 19.11.2018 shall continue in accordance with law, mindful that judicial review of disciplinary proceedings is limited.

Source excerpt

  • Limitation period under section 122 army act
  • Court-martial procedure
  • Judicial review of disciplinary proceedings
  • Misconduct under section 45 army act
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Military law

UNION OF INDIA & ORS. versus EX. SEP. R. MUNUSAMY

The Armed Forces Tribunal erred in law by entertaining the respondent's disability pension claim some 20 years after an administrative (non-medical) discharge, by treating Resurvey Medical Board findings as establishing service-attributability without any opinion on causation as required by Rule 14(b)/(c) of the Entitlement Rules, and by proceeding on a presumption that an ailment detected post-recruitment is attributable to service; therefore the impugned Tribunal order directing resurvey and granting disability pension was set aside.

Source excerpt

  • Disability pension
  • Army rules, 1954 r.13(3) iii(v)
  • Entitlement rules for casualty pensionary awards, 1982 r.14
  • Army pension regulation, 1961 regulation 183
  • Medical board opinions
  • Resurvey medical board
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Armed forces

UNION OF INDIA & ORS. versus BRIGADIER JAVED IQBAL

The Selection Board had before it the respondent's medical records and consciously recommended him for promotion; the Chief of Defence Staff considered the medical status and cleared the recommendation taking into account the nature of duties (JAG litigation work largely at headquarters) and concluded the SHAPE-2 classification would not be a hurdle; a subsequent re-medical board upgraded the respondent to SHAPE-1; given these factors the AFT rightly directed promotion and the Court will not interfere with that decision or reassess medical expertise, hence the appeal is dismissed and the AFT…

Source excerpt

  • Substantive promotion by selection
  • Medical classification and fitness for promotion
  • Selection board procedures
  • Role of chief of defence staff and military secretary
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.