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december 1990

Supreme Court of India · 1990-12-21

CHIEF OF ARMY STAFF AND ORS. vs MAJOR S.P. CHADHA

Citation / case number
SC 1990/77073
Court
Supreme Court of India
Petitioner
CHIEF OF ARMY STAFF AND ORS.
Respondent
MAJOR S.P. CHADHA
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that under Section 127 of the Army Act, 1950, a person can be tried by a criminal court after a Court-Martial, provided there is prior sanction from the Central Government. The Court found that the respondent's trial by a General Court-Martial was not completed, thus allowing for his subsequent trial by a civil court. The appeal was allowed, and the High Court's decision to restore the respondent's acting rank and revoke his suspension was overturned.

CHIEF OF ARMY STAFF AND ORS. vs MAJOR S.P. CHADHA · Niyam