https://www.taxtmi.com/caselaws?id=305349 Regulation 16(a) of the Pension Regulations for the Army confers an independent presidential power to forfeit pension when an officer is dismissed, cashiered or removed, and that power does not depend on the court-martial expressly ordering forfeiture. Rule 39 of the Army Rules was confined to the specific disqualifications listed there, and prior summary trial of others from the same incident did not by itself vitiate the General Court Martial where due procedure, legal assistance and opportunity to defend were given. Court-martial findings were not disturbed absent perversity or illegality. The dismissal was found disproportionate and was substituted by a lesser punishment, while pension forfeiture was restored. en-us Mon, 12 Sep 2011 00:00:00 +0530 Sat, 10 Dec 2022 10:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305349 Regulation 16(a) of the Pension Regulations for the Army confers an independent presidential power to forfeit pension when an officer is dismissed, cashiered or removed, and that power does not depend on the court-martial expressly ordering forfeiture. Rule 39 of the Army Rules was confined to the specific disqualifications listed there, and prior summary trial of others from the same incident did not by itself vitiate the General Court Martial where due procedure, legal assistance and opportunity to defend were given. Court-martial findings were not disturbed absent perversity or illegality. The dismissal was found disproportionate and was substituted by a lesser punishment, while pension forfeiture was restored. Case-Laws Indian Laws Mon, 12 Sep 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305349