Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review petition is very limited - Review of a judgment on account of some mistake or error apparent on the face of record is permissible - But an error apparent on the face of record has to be decided on the facts of each case as an erroneous decision by itself does not warrant a review of each..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Till the time limitation period for filing review petition and thereafter reasonable time for filing mercy petition has not lapsed, issuing of death warrants is violative of Article 21 of Constitution of India...........
Negotiable Instruments Act, 1881, Section 138, 141, Constitution of India, 1950, Article 72, 226 -- Dishonour of cheque - Grant of pardon by President - Judicial review - Accused convicted and sentenced till rising of Court and to pay compensation of Rs.57,97,940/- to complainant and said order confirmed by Supreme Court - Even, President rejected clemency petition after..........
Land Acquisition Act, 1894, Section 6, 5A - - Acquisition of land - Quashing of notification - High Court permitted the petitioners to file their objections, if any, u/s 5-A of the Act - High Court did not quash notification u/s 6 of the Act - Four weeks time granted by Supreme Court to file their objections u/s 5-A of the Act - Status quo order will operate till decision..........
Constitution of India, 1950, Article 136 -- Review - Conviction and sentence - All contentions and arguments on conviction and sentence has already been dealt with detailed judgment - No error apparent on face of record or any other ground so as to warrant interference in exercise of review jurisdiction - Petition dismissed...........
Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Factors to be taken into consideration - (i) while dealing with the question of commuting the sentence of death into life imprisonment delay has to be considered which has occurred after the judicial processes has come to an end..........
Haryana Sales Tax Act, 1973, Section 39(2) -- Maintainability of appeal - Orders records that any observation in order shall not affect the decision of appeal on merits in pending review cannot be construed as an affirmation of maintainability of appeal against order dismissed review petition...........
Haryana Sales Tax Act, 1973, Section 39(2) -- Maintainability of appeal - Challenge to original order passed by JETC and Tribunal having attained finality with dismissal of writ petition, filing of any appeal against dismissal of the review petition by the JETC is meaningless - Appeal filed by petitioner not maintainable - Petition dismissed...........
Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 19(2) -- Review - Validity - No provision contained in Rules, to file a review petition against an order passed - Review is creation of statue and not vested in any authority inherently, hence no, entertainment thereof by authority cannot be said to be erroneous - Right of employee to file a memorial is..........