Factual Findings - The Legal Chamber

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...

Tag: Factual Findings

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