Ex gratia -- Death of doctor while discharging duty - Proposal to pay Rs.50 Lakhs as approved by Chief Secretary not honoured and family is litigating since more than nine years - Request made by family to release sanctioned amount not acceded to on the pretext of non-approval of release of said amount - Looking to gravity of incident, sanction must be honoured and amount..........
Constitution of India, 1950, Article 226 -- Writ petition - Judicial order based on consent of parties, which is in the teeth of Writ Rules and seeks to unsettle and even override the determination made by Chief Justice, could not have vested jurisdiction in the appellate Court to hear the pending writ petition...........
Constitution of India, 1950, Article 226 -- Writ petition - Any order which a bench comprising of two judges or a single judge may choose to make in a case that is not placed before them by Chief Justice or in accordance with His Lordship's directions, such an order is without jurisdiction, as an adjudication, beyond allocation, is void and such adjudication has to be..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Practice and Procedure -- Deletion of case from cause list - Once a case is notified on the cause list, unless there is a specific order to that effect either of Bench concerned or Chief Justice of India, Registry has no authority to delete a case which is already listed...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
