Legal Aspects of Disability Pension in the Indian Army: A Comprehensive Guide with Relevant Case Laws
Introduction: Disability pension is an essential aspect of the Indian Army’s commitment to ensuring the welfare and support of its personnel who have suffered disabilities during their service. It is crucial to understand the legal framework and case laws surrounding disability pensions to ensure that deserving individuals receive adequate compensation and support. This article aims...
Read More“Statutory and Non-Statutory Complaints in the Indian Army: Understanding Disciplinary and Administrative Grievances” In 2023
In the Indian Army, complaints can be categorized into two main types: statutory complaints and non-statutory complaints. Both types of complaints serve different purposes and follow distinct procedures. Let’s explore each category in detail: The procedure for filing a statutory complaint usually involves the following steps: a. The complainant, who is generally an army personnel,...
Read MoreAn Overview of Court Martial In Indian Armed Forces 2023
Court-martial proceedings in the Indian Armed Forces are governed by the Army Act, 1950; the Navy Act, 1957; and the Air Force Act, 1950. These acts provide a framework for the administration of military justice and the conduct of court-martial proceedings. Introduction to Court Martial Court-martial proceedings are conducted to maintain discipline, uphold military law,...
Read MoreBalancing Constitutional Rights and Duties: The Indian Armed Forces 2023
Introduction: Constitutional Rights and Duties: The Indian Armed Forces The armed forces of India serve as the guardians of national security, protecting the country from external threats and internal disturbances. In the pursuit of their duty, they must navigate the complex terrain of constitutional rights. This blog further delves into the constitutional rights of armed...
Read MoreCircumstantial Evidence in Statutory Complaints in the Indian Army: A Comprehensive Analysis in 2023
Introduction In the realm of legal matters within the Indian Army, statutory complaints play a significant role in ensuring justice and maintaining discipline. When it comes to addressing such complaints, the weight of evidence becomes crucial in establishing the truth. In this article, we delve into the concept of circumstantial evidence in statutory complaints within...
Read MoreAn Analytical Examination of Granting Pension Benefits to Dismissed Army Personnel 2023
Judicial Approach in Granting Pensionary Benefits to Army Personnel Dismissed Under the Army Act The outdated notion of pension as a discretionary payment dependent on the goodwill of the employer, not enforceable as a right, has been challenged and overruled by the Constitution Bench in Deo Kinandan Prasad v. State of Bihar, 1971 Supp SCR...
Read MoreGeneral Court Martial (GCM) can be contested before an Armed Forces Tribunal (AFT). Union of India & Ors. Vs. P.S. Gill, Criminal Appeal No. 404 of 2013
Introduction General Court Martial (GCM) In a profound and momentous pronouncement, the Supreme Court, in the case of Union of India & Ors. Vs. P.S. Gill, Criminal Appeal No. 404 of 2013, rendered on November 27, 2019, unequivocally established that an order convening a General Court Martial (GCM) can be contested before an Armed Forces...
Read MoreArmed Forces Tribunal’s Landmark Judgment on Disability Pension , Court Says Absurd To Say Peace-Posting Disability Not Attributable To Military Service 2023
Introduction Disability Pension In a landmark oral judgment earlier this year on March 6, 2023, the Chandigarh Regional Bench of the Armed Forces Tribunal (AFT) delivered a remarkable decision in the case of Navneet Singh Sindhu vs. Union of India and others (OA 802 of 2022). Recently published on July 12, 2023, this decision, with...
Read MoreDecoding the Military Justice System in India 2023
The Indian military justice system, an integral part of the country’s defense structure, plays a crucial role in maintaining discipline and upholding the rule of law within the armed forces. In this article, we will delve into the intricacies of the Military Justice System in India and explore its legal framework, court-martial procedures, and the...
Read MoreWhat is a Non-Statutory Complaint in the Indian Army: Understanding Grievance Procedures 2023
Learn about non-statutory complaints in the Indian Army, their significance, procedures, and resolution. Gain insights into addressing concerns within the military framework.
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