Armed service -- Promotion to rank of Major General - Empanelment - Appellant was only eligible officer in rank of Brigadier of his batch for empanelment for promotion to rank of Major General with meritorious record of service - He cannot be deprived of his empanelment only on basis of value judgment of Selection Board - Non-empanelment of appellant for promotion as..........
Supreme Court Rules, 2013, Order 47, Rule 1 -- Review - No restrictions on power of Supreme Court to review its judgments or orders arising out of proceedings other than civil and criminal proceedings...........
Supreme Court Rules, 2013, Order 47, Rule 1 -- Review - Limitation in O.47.R.1 of Rules do not apply to review petitions arising judgments or orders passed in Writ Petitions filed u/art 32 of Constitution, as they do not fall within purview of civil and criminal proceedings...........
Supreme Court Rules, 2013, Order 6, Rule 2 -- Reference - No fetter on exercise of discretion of Supreme Court in referring questions of law to a larger bench pending review petitions...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(e)(i), 19, Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, Section 29 -- Eviction proceedings - Tenancy - Review application - Reviewing common order in which revision petition was dismissed - Though there was no bar for initiating proceedings before rent controller under..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Sufferings in prison cannot be ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Delay in disposal of mercy petition may be a ground calling for judicial review of order passed u/arts 71, 161 of Constitution - But quick consideration of mercy petition and swift rejection of same cannot be a ground for judicial review of order passed..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - Absence of recommendation of Superintendent of Jail - Considering high position of President of India and constitutional duty which President is discharging, it may not be appropriate for superintendent to make..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - All documents were taken into consideration and upon consideration of relevant records and facts and circumstances surrounding crime, President rejected mercy petition - Even defence of accused considered by trial Court,..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
