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judicial proceedings in or before any Court, including Courts- martial, 2[ other than Courts- martial convened under the Army
Central Government Act
rule 37 of the trial by the court-martial in which the
character or military reputation of the officer concerned ... convict can prefer appeal after
appeal to hierarchy of courts. The time has come when a step
is required
Supreme Court of India
absence ofthe
remedy of appeal against the orders of courts martial, and the desirability of recording reasons by courts martial ... expeditious disposal of appeals against the orders of
courts martial. The report also recommends certain measures for prompt redressal
Law Commission Report
proceedings.
Dismissing the Appeal,
^
HELD: 1. Four kinds of courts martial are specified in
Section 108 of the Army ... These are:(a) General
Courts-Martial; (b) District Courts-Martial; (c) Summary
General Courts-Martial and (d) Summary Courts-Martial
Supreme Court of India
Navy Act, 1957
97. Constitution of courts- martial.
(1) Courts- martial shall be constituted and convened subject to the provisions ... Naval Staff shall have the power to order courts- martial for the trial of offences under this Act.
(3) Unless
Central Government Act
deals with civil offences not triable by
Court-martial, but the provisions of this section are further subject
to certain ... fall within the sections in respect of which Military
Courts alone have jurisdiction, the Court of the Special Judge
Bombay High Court
down the powers of the general and
summary general Courts-martial, and district Court-martial
respectively. Section 120 lays down ... powers of the summary
Courts-martial. Depending on the powers conferred on them respectively,
they can award punishments specified under
Rajasthan High Court
mentioned”.
9. Section 108 describes the kinds of courts-martial. The
said provision reads as under:
“108. Kinds of courts ... this Act there shall be four kinds of courts-martial,
that is to say, -
(a) general courts-martial;
(b) district
Supreme Court of India
such courts;
(e) the convening and constituting of courts- martial and the appointment of prosecutors at trials by courts- martial ... adjournment, dissolution and sitting of courts- martial;
(g) the procedure to be observed in trials by courts- martial
Central Government Act
such courts;
(e) the convening and constituting of courts- martial and the appointment of prosecutors at trials by courts- martial ... adjournment, dissolution and sitting of courts- martial;
(g) the procedure to be observed in trials by courts- martial
Central Government Act
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