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march 2015

Supreme Court of India · 2015-03-11

Union Of India & Ors vs Major General Shri Kant Sharma & Anr

Citation / case number
AIR 2015 SUPREME COURT 2465
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Major General Shri Kant Sharma & Anr
Bench
Sudhansu Jyoti Mukhopadhaya, N.V. Ramana

Judgment text excerpt

The Supreme Court addressed the jurisdictional conflict between the Armed Forces Tribunal Act, 2007 and the High Court's power under Article 226 of the Constitution. It held that the right of appeal under Section 30 of the Armed Forces Tribunal Act does not bar the High Court's jurisdiction to entertain writ petitions under Article 226, as judicial review is a fundamental aspect of the Constitution. The Court emphasized that Section 14 of the Act allows for such judicial review, affirming the High Court's authority to adjudicate matters concerning Armed Forces personnel despite the existence of a statutory appellate remedy.

Union Of India & Ors vs Major General Shri Kant Sharma & Anr · Niyam