Supreme Court of India · 2011-09-22
Khem Chand vs U.O.I. & Ors
- Court
- Supreme Court of India
- Petitioner
- Khem Chand
- Respondent
- U.O.I. & Ors
- Bench
- Jagdeesh Singh Khehar, R.M. Lodha
Judgment text excerpt
The Supreme Court allowed the Civil Appeals, overturning the Division Bench's order dated December 16, 2003, which had set aside the Single Judge's decision that quashed the General Court Martial's verdict under the Army Act. The Court emphasized that the Division Bench failed to consider the Single Judge's detailed reasoning and noted the pending appeal concerning a co-accused, advocating for a joint hearing. The Court held that the findings of fact by the Single Judge should not have been disregarded in writ jurisdiction, thereby reinstating the Single Judge's order.