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december 1997

Supreme Court of India · 1997-12-12

GENERAL COURT MARTIAL vs ANILTEJ SINGH DHALIWAL

Citation / case number
SC 1996/79757
Court
Supreme Court of India
Petitioner
GENERAL COURT MARTIAL
Respondent
ANILTEJ SINGH DHALIWAL
Author
Srinivasan
Bench
M. SRINIVASAN M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Article 226 by quashing the Court Martial's order without identifying an error of law apparent on the face of the record, as established in Nagendra Nath Bora v. The Commissioner of Hills Diven and Appeals (1958) SCR 1240. The Court emphasized that judicial review is limited to ensuring that tribunals do not exceed their statutory powers and correctly apply the law. The appeal against the High Court's judgment was allowed, reinstating the Court Martial's findings and sentence under the Army Act.

GENERAL COURT MARTIAL vs ANILTEJ SINGH DHALIWAL · Niyam