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    <title>2008 (8) TMI 797 - Supreme Court</title>
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    <description>A court-martial charge based on named witnesses cannot be sustained where those witnesses are not examined at the summary of evidence stage without justification. The convening authority&#039;s satisfaction that the evidence justified trial was therefore invalid, because Rule 43 of the Air Force Rules and natural justice required evidence capable of supporting the charges and permitting effective cross-examination. The court rejected a purely technical objection based on alleged absence of prejudice, since the challenge had been raised and the defect went to the validity of the proceedings. Charges 1 to 3 were set aside, while the General Court Martial was allowed to continue only on charges 4 to 7.</description>
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    <pubDate>Fri, 29 Aug 2008 00:00:00 +0530</pubDate>
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      <title>2008 (8) TMI 797 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=156518</link>
      <description>A court-martial charge based on named witnesses cannot be sustained where those witnesses are not examined at the summary of evidence stage without justification. The convening authority&#039;s satisfaction that the evidence justified trial was therefore invalid, because Rule 43 of the Air Force Rules and natural justice required evidence capable of supporting the charges and permitting effective cross-examination. The court rejected a purely technical objection based on alleged absence of prejudice, since the challenge had been raised and the defect went to the validity of the proceedings. Charges 1 to 3 were set aside, while the General Court Martial was allowed to continue only on charges 4 to 7.</description>
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      <pubDate>Fri, 29 Aug 2008 00:00:00 +0530</pubDate>
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