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Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

ORDER1. This appeal on reference to this Bench raises an interesting question of law. The respondent while working as Major General, Army Ordnance Corps., Southern Command, Pune between December, 1, 1982 and July 7, 1985 was...