Statutory Complaint in Indian Army: Law, Procedure, AFT Remedy and Case Laws

A statutory complaint in the Indian Army is a formal grievance-redressal remedy available under the Army Act, 1950, principally under Section 26 for persons other than officers and Section 27 for officers. It is used when an Army personnel considers himself wronged by a superior authority, adverse service action, ACR/APAR grading, promotion denial, administrative injustice,...

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Court Martial Appeal in India: AFT Law, Procedure and Remedies

Court martial appeal in India lies before the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007 against an order, decision, finding or sentence passed by a court martial. The Tribunal may interfere where the finding is legally unsustainable, involves a wrong decision on a question of law, or where material...

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Disability Pension in Armed Forces : Law, AFT Remedies and Case Laws

Disability pension for Armed Forces personnel in India is payable where a disability is assessed as attributable to or aggravated by military service and satisfies the applicable pension regulations, entitlement rules and medical-board standards. The Armed Forces Tribunal is the principal forum for challenging denial of disability pension, rejection of attributability/aggravation, incorrect percentage assessment, denial...

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Armed Forces Tribunal and Military Law in India: Jurisdiction, Procedure and Remedie

The Armed Forces Tribunal, commonly known as the AFT, is a specialised judicial forum created under the Armed Forces Tribunal Act, 2007 to decide service disputes of Army, Navy and Air Force personnel, including retired personnel, dependants, heirs and successors in service-related matters. It also hears appeals arising from court martial findings, sentences and orders....

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Disability Pension in Armed Forces Law: Service, Sacrifice and the Duty of the State

Disability pension is not a benevolent concession; it is a legal recognition of the medical cost of service.By Adv. Govind BaliA disability pension is a pensionary benefit granted to armed forces personnel where a disability is attributable to or aggravated by military service. Indian courts have repeatedly held that a disability pension cannot be denied...

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Disability Pension Below 20% and the Supreme Court’s Corrective in Bijender Singh

Introduction The law on disability pension below 20% has often been trapped in a narrow administrative reading. A Medical Board assesses the disability at less than 20%, the pension authority treats the figure as decisive, and the claim for disability element is rejected. The process appears neat on paper. It is, however, far less satisfactory...

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Special Plea to the Jurisdiction: A Critical Analysis of Army Rule 51 of the Army Rules, 1954

Introduction to Army Rule 51 The military justice system operates under a unique framework, balancing the dual imperatives of maintaining discipline within the armed forces and upholding the principles of justice. The Army Rules, 1954, framed under the Army Act, 1950, define a systematic procedural framework for the conduct of military trials. It guarantees that...

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Army Rule 180: Overview and Application in Military Law

Army Rule 180: A Comprehensive Guide to Military Administrative Procedures Army Rule 180 is a pivotal provision within the legal framework of the armed forces, designed to ensure fairness, accountability, and transparency in disciplinary and administrative matters. It outlines procedural safeguards to protect the rights of individuals while maintaining discipline and order within the military....

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Evolution of Military Law in India: From Ancient Times to Modern Reforms

INTRODUCTION  TO MILITARY LAW The corpus of legislation known as military law is dedicated to upholding order in the armed services. The raising, equipping, and managing of armed forces are all subject to state-mandated codes of rules and regulations that fall under the umbrella of military law. However, the word is often limited to the...

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