Rule 35
Contents To Be Mentioned In An Appeal
1) The following contents shall be mentioned while making an appeal pursuant to the sub section (2) or (6) of the Act :–
(a) The name of the court martial that rendered the decision to which the accused has been dissatisfied.
(b) The matter whether he/she has been plaintiff or defendant during the initial trial.
(c) Name of the case.
(d) Date of decision.
(e) The punishment, damages and penalty claimed at first instance, and the actual punishment, damages and penalty imposed.
(f) Ratio-decidendi.
(g) The disputed matters of the decision, its legal grounds, and reasons and claims demanded on the appeal.
(h) The date of imprisonment or detention if an appellant has been under imprisonment or detention.
(i) The evidence relating to any payments for damages or penalty then information when and where such payment has been made.
(j) Matters relating to limitation/summon.
(2) If the appeal submitted pursuant to sub rule (1), appears to be as follows, it shall be registered and a receipt of acknowledgment shall be provided;
(a) The penalty and indemnity has to be paid up as required;
(b) If a bond has been provided then it has been in accordance with law;
(c) Limitation period has been valid, and;
(d) A clear and duly copied decision of the first instance trial has been produced.
(3) An appeal against the decision of the first instance trial made by a General Court Martial and a Summary General Court Martial established outside the Army Headquarters, shall be submitted through the relevant Divisional Prad Viwak or Brigade Prad Viwak , to a Special Court Martial.
(4) If an appeal has been submitted before the Divisional Prad Viwak section or Brigade Prad Viwak section pursuant to sub rule (3), the section shall upon acknowledgement of the appeal, transfer the appeal to a Special Court Martial as soon as practicable.
(5) If an appeal has been submitted before the Divisional Prad Viwak section or Brigade Prad Viwak section pursuant to sub rule (4) the date of such submission shall be regarded as the date of appeal.
(6) The format for an appeal shall be as prescribed in schedule-8.
(a) The name of the court martial that rendered the decision to which the accused has been dissatisfied.
(b) The matter whether he/she has been plaintiff or defendant during the initial trial.
(c) Name of the case.
(d) Date of decision.
(e) The punishment, damages and penalty claimed at first instance, and the actual punishment, damages and penalty imposed.
(f) Ratio-decidendi.
(g) The disputed matters of the decision, its legal grounds, and reasons and claims demanded on the appeal.
(h) The date of imprisonment or detention if an appellant has been under imprisonment or detention.
(i) The evidence relating to any payments for damages or penalty then information when and where such payment has been made.
(j) Matters relating to limitation/summon.
(2) If the appeal submitted pursuant to sub rule (1), appears to be as follows, it shall be registered and a receipt of acknowledgment shall be provided;
(a) The penalty and indemnity has to be paid up as required;
(b) If a bond has been provided then it has been in accordance with law;
(c) Limitation period has been valid, and;
(d) A clear and duly copied decision of the first instance trial has been produced.
(3) An appeal against the decision of the first instance trial made by a General Court Martial and a Summary General Court Martial established outside the Army Headquarters, shall be submitted through the relevant Divisional Prad Viwak or Brigade Prad Viwak , to a Special Court Martial.
(4) If an appeal has been submitted before the Divisional Prad Viwak section or Brigade Prad Viwak section pursuant to sub rule (3), the section shall upon acknowledgement of the appeal, transfer the appeal to a Special Court Martial as soon as practicable.
(5) If an appeal has been submitted before the Divisional Prad Viwak section or Brigade Prad Viwak section pursuant to sub rule (4) the date of such submission shall be regarded as the date of appeal.
(6) The format for an appeal shall be as prescribed in schedule-8.