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july 2016

Supreme Court of India · 2016-07-05

Union Of India & Ors vs Vishav Priya Singh

Citation / case number
AIR 2016 SUPREME COURT 3726
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Vishav Priya Singh
Author
Uday Umesh Lalit
Bench
Uday Umesh Lalit, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the trials conducted under the Army Act were invalid due to lack of jurisdiction, specifically citing Section 40(a) and Section 41(2) of the Army Act. The Court established that a commanding officer cannot try a subordinate from a different regiment, rendering the proceedings coram non judice. Consequently, the appeals by the Union of India were dismissed, affirming the High Court's decisions in favor of the petitioners.

Union Of India & Ors vs Vishav Priya Singh · Niyam