Judicial Approach in Granting Pensionary Benefits to Army Personnel Dismissed Under the Army Act The outdated notion of pension as a discretionary payment dependent on the goodwill of the employer, not enforceable as a right, has been challenged and overruled by the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 MoreIntroduction 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 MoreIntroduction 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 MoreIntroduction Judicial Separation And Divorce Marriage is a sacred bond that unites two individuals in a lifelong commitment. However, there are circumstances when this union faces challenges and complexities that cannot be resolved. In such cases, the Hindu Marriage Law provides provisions for both divorce and judicial separation. This comprehensive guide aims to shed light...
Read MoreThe 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 MoreLearn about non-statutory complaints in the Indian Army, their significance, procedures, and resolution. Gain insights into addressing concerns within the military framework.
Read MoreIn this comprehensive article, we delve into the concept of statutory complaints in the Indian Army, exploring the relevant sections of the Army Act. Learn about the process, rights, and regulations surrounding these complaints.
Read MoreWrit Petition in Service Matters: Article 226, CAT/AFT and Judicial Review A writ petition in a service matter is a constitutional remedy used to challenge unlawful public-employment decisions such as disciplinary orders, termination, promotion/seniority decisions, pension issues, jurisdictional errors and violations of natural justice. But Article 226 is not an automatic first forum for every...
Read MoreIntroduction Misuse of Rape Law In recent years, the dynamics of legal discourse have witnessed a significant shift, as we delve into the intricate complexities of gender-based legal issues. One such contentious topic that has garnered attention is the alleged misuse of rape laws as a weapon by females against their male counterparts, particularly in...
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Navigating Advocates Act 1961 : Balancing Rights and Responsibilities
Introduction To Advocates Act Advocates Act – In the ever-evolving sphere of legal practice, the Advocates Act of 1961 serves as an indispensable guide, delineating the rights and duties of advocates in India. This legislative cornerstone not only outlines the privileges bestowed upon legal practitioners but also underscores their profound responsibilities in upholding the tenets...
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