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Indian Air Force — Short Service Commission Officers (SSCOs) — Reinstatement and consideration for Permanent Commission (PC) — Dismissal of appeal challenging AFT order — Delay in approaching legal forum. Short Service Commission Women Officers (SSCWOs) — Eligibility for Permanent Commission (PC) and pensionary benefits — Applicability of Air Force Human Resource Policy — Refusal of benefits due to not meeting minimum average Annual Confidential Report (ACR) grading of 6.5 — Court’s refusal to grant benefits where minimum criteria not met and no demonstrated mitigating circumstances exist compared to other successful applicants. Air Force Act, 1950 — Short Service Commission Women Officers (SSCWOs) — Permanent Commission (PC) — Denial of PC — Assessment of performance and eligibility — HRP 01/2019 — Minimum Performance Criteria — ACR gradings — Mandatory In-Service Courses (MISCs) — Categorisation — Arbitrariness — Hurried implementation — Inadequate opportunity to meet criteria — Pregnancy — Deemed qualifying service for pension — One-time measure. Army Act, 1950 — Short Service Commission Officers (SSCOs) — Permanent Commission (PC) — Annual Vacancy Cap — The Supreme Court examined the annual cap of 250 vacancies for PC, finding it not to be an immutable rule and that it had been breached historically for exigencies of service and policy changes, thus it should not act as an absolute bar to corrective relief, especially when the method of assessment was found to be unfair. Service Law — Indian Navy — Short Service Commission Officers (SSCOs) — Grant of Permanent Commission (PC) — Assessment of suitability for PC — Whether casual grading of ACRs and “Not Recommended for PC” endorsements prejudiced officers’ chances of PC — Held yes, as officers were considered ineligible for PC at the time of their ACRs, leading to a distorted assessment of their inter se merit for PC — This circularity transformed past ineligibility into deemed unsuitability for career progression, creating an uneven playing field.

Indian Penal Code, 1860, S.185–False Statement- In order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio-Criminal Procedure Code, 1973, S.195.

2017(1) Law Herald (SC) 144 : 2017 LawHerald.Org 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…

Common Intention–Only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Common Intention–The acts may be different in character, but must have been actuated by one and the same common intention in order to attract the provision.

  2007(4) LAW HERALD (SC) 2829 IN THE SUPREME COURT OF INDIA (VACATION BENCH) Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No.…

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