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Supreme Court of India · 2015-03-11

UNION OF INDIA vs MAJOR GENERAL SHRI KANT SHARMA

Citation / case number
SC 2013/5953
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
MAJOR GENERAL SHRI KANT SHARMA
Author
SUDHANSU JYOTI MUKHOPADHAYA
Bench
N.V. RAMANA SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court ruled that the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 does not bar the jurisdiction of the High Court under Article 226 of the Constitution of India. The Court held that the High Court can entertain writ petitions challenging orders of the Armed Forces Tribunal, emphasizing that the power of judicial review is a fundamental aspect of the Constitution that cannot be overridden by statutory provisions. The appeals by the Union of India were dismissed, affirming the High Court's jurisdiction in these matters.

UNION OF INDIA vs MAJOR GENERAL SHRI KANT SHARMA · Niyam