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9. Postponement of proceedings against Indian soldier on leave.-

When any document purporting to be signed by the Commanding Officer of an Indian soldier who is a party to any proceeding is produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to the effect that the soldier-

(a) is on leave of absence for a period not exceeding two months, and is on the expiration of his leave to proceed on service under special conditions, or

(b) is on sick leave for a period not exceeding three months, and is on the expiration of his leave to rejoin his unit with a view to proceeding on service under special conditions, the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to 1[sub-section (1) of section 6] and shall, in any other case, be postponed in the manner provided in section 7.



Indian Soldiers (Litigation) Act, 1925 Back




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