Protection of Human Rights Act, 1993, Section 12(i), Constitution of India, 1950, Article 162, 72 -- Death sentence awarded to accused - National Human Rights Commission has jurisdiction to make recommendation to Governor to commute the sentence...........
Criminal Procedure Code, 1973, Section 433A, 433, 432, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Conviction upheld - Prayer for remission - Petition for remission dismissed - Held, accused may file petition with High Court if he is entitled to benefit of any rule or govt. order for remission of sentence or he can seek redress from appropriate..........
Criminal Procedure Code, 1973, Section 71, 72, 73, 87, 89 -- Non bailable warrants - Power to issue the same - Held - (a) Issuance of non bailable warrants involves interference with personal liberty, hence to be issued sparingly; (b) Non bailable warrants to be issued to secure the presence of a person only when summons or bailable warrants unlikely to have desired..........
Motor Vehicles Act, 1988, Section 72, Constitution of India, 1950, Article 226, 227 -- Stage carriage permit - Grant of - Primarily a statutory function of RTA - High Court neither empowered to exercise extra ordinary jurisdiction conferred upon it by Articles 226 and 227 of the Constitution nor it can function as appellate authority reappreciating the facts recorded by..........
Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Power of President/Governor of State to grant - Act of remission does not undo what has been done judicially - The punishment awarded through judgment is not overruled - Convict only gets benefit of liberalized policy of State of pardon - This..........
Criminal Procedure Code, 1973, Section 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Right to ask for - The right to ask for remission of sentence shall be governed by the policy existing on the date of conviction of the accused - Not governed by the policy that exists on the date of consideration of his case for pre-mature release...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Granting permission to D.H. to give the bid - None came forward to give the bid as such Executing Court allowed D.H. to give the bid at the time of auction of the property - Order upheld...........
Partition Act, 1893, Section 6, Civil Procedure Code, 1908, Order 21, Rule 72-A -- Partition - Sale without fixing reserve price is impermissible...........
Criminal Procedure Code, 1973, Section 432, 433A, 374, Article 72, 161, Rule 2(i) - - Suspension of sentence - Rules of 2007 - Legality of - Held, Rules of 2007 are illegal and as such, liable to be quashed in its entirety...........
Civil Procedure Code, 1908, Order 21, Rule 72-A -- Suit for recovery of mortgage money by way of sale of mortgaged property - Suit decreed - Held, decree holder is entitled to bid and purchase the property with prior permission of court - In such a case Court will fix reserve price as envisaged U.O.21.R.72-A(2) CPC - If permission is not obtained or reserve price is not..........
