Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Criminal Procedure Code, 1973, Section 125, 105 -- Maintenance - Execution - Husband living outside territory of India - Held, it cannot be a reasonable basis for invoking extraordinary remedy u/Art.32 of Constitution inasmuch as provisions of Cr.P.C. i.e. S.105 makes elaborate provision for service of summons in case person summoned by Court resides outside territory of..........
Constitution of India, 1950, Article 226, 32 -- Writ of quo warranto - Held, procedure of quo warranto gives judiciary a weapon to control executive from making appointment to public office against law and to protect a citizen from being deprived of public office to which he has a right - Before a person can effectively claim writ of quo warranto, he has to satisfy Court..........
Constitution of India, 1950, Article 229(2) -- Power of Chief Justice of High Court in matters of appointment - Held, Chief Justice cannot make any appointment in contravention of Statutory Rules which have to be in consonance with scheme of our Constitution - Appointments should be made giving adherence to provisions of Art.14 and 16 of Constitution and/or such Rules as..........
Constitution of India, 1950, Article 229(2) -- Power of Chief Justice of High Court in matters of appointment - Detailed directions issued to all High Court...........
Constitution of India, 1950, Article 226 -- Wrongful confinement - Compensation - Unexplained delay in releasing petitioner from detention amounts to violation of rights - Matter dealt with in a routine fashion without much regard for early and expeditious release of petitioner - Certain degree of negligence on part of officials who did not demonstrate promptitude and..........
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21 -- Suspension of sentence - Held, while considering an application for suspension of sentence, appellate Court has to record reasons in writing - Requirement of recording of reasons must be preceded by careful consideration of relevant aspects of case at hand including issues of human..........
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21 -- Temporary suspension of sentence - Held, during pendency of an appeal against conviction or sentence or both, temporary or interim or provisional suspension of sentence, on some extremely rare circumstances, is inherent in jurisdiction of appellate Court, u/s.389 Cr.P.C. by doctrine of..........
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21 -- Suspension of sentence - Held, notwithstanding the fact that prisoner's application for suspension of sentence and his consequent release on bail cannot be allowed on merit or has been rejected on merit, appellate Court still retains power to suspend sentence for such period as Court may..........
Constitution of India, 1950, Article 226, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(1), 2(b), Bombay Prohibition Act, 1949, Section 66B, 116B - - Preventive detention - Validity - Solitary FIR for offences under Bombay Prohibition Act registered against detenu - Detenu not a habitual offender - He cannot be said to be dangerous to maintenance of..........
