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july 2016

Supreme Court of India · 2016-07-05

UNION OF INDIA vs VISHAV PRIYA SINGH

Citation / case number
SC 2008/21703
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
VISHAV PRIYA SINGH
Author
UDAY UMESH LALIT T.S. THAKUR
Bench
UDAY UMESH LALIT T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the disciplinary proceedings against Ex. L Nk Vishav Priya Singh were invalid due to lack of jurisdiction, as he was tried by a commanding officer not from his regiment, violating Section 41(2) of the Army Act. The Court emphasized that a trial conducted by an unauthorized officer is coram non judice, rendering the conviction and sentence void. Consequently, the appeals by the Union of India were dismissed, affirming the High Court's decision to quash the disciplinary actions taken against the respondent.

UNION OF INDIA vs VISHAV PRIYA SINGH · Niyam