If an Advocate is engaged to appear before General Court martial etc under the Army Act, is it necessary tio file Vakalatnama? Does the word Court also include Court Martial?
N.K.Assumi (Advocate) 29 March 2011
If an Advocate is engaged to appear before General Court martial etc under the Army Act, is it necessary tio file Vakalatnama? Does the word Court also include Court Martial?
Democratic Indian (n/a) 29 March 2011
What makes you think you should not be filing Vakalatnama? In my opinion court also includes court martial. There are four kinds of courts-martial in India. These are the General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM) and Summary Court Martial (SCM). According to the Army Act, army courts can try personnel for all kinds of offences except for murder and rape of a civilian, which are primarily tried by a civilian court of law.
Are you appearing for some case related with Writ Petition (Civil) No. 462 of 2007 of Supreme Court?
You may find the following link of some help https://indianarmy.nic.in/Site/FormTemplete/frmTempSimpleWithSixPara.aspx?MnId=TzWyu2yOmPU=&ParentID=OYp1wM7hXeY=
N.K.Assumi (Advocate) 29 March 2011
Thank you very much for your information. No not for SC or HC but for GCM. Thank you very much indeed for the responds and the link. I am working on whether Court Martial falls within the meaning of Court, that's all.