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2012 (5) TMI 612 - SC - Indian LawsWhether any case is made out and, if so, the offence is triable by whom? Whether a term “institution” contained in Section 7 of the Act 1990 means taking cognizance of the offence and not mere presentation of the chargesheet by the investigating agency? Whether the competent Army Authority has to exercise his discretion to opt as to whether the trial would be by a courtmartial or criminal court after filing of the chargesheet and not after the cognizance of the offence is taken by the court?
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