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september 2011

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.

Khem Chand vs U.O.I. & Ors · Niyam