Punjab Land Revenue Rules, 1908 -- Appointment of Backward Class Lambardar - Categorisation within cast/sub-cast - Petitioner belong to Lohar cast - Respondent from `Kashyap' cast - Contention that `Lohar' 10% of total Backward Class population of village, whereas `Kashyap' 90% hence respondent be given weightage - No weightage can be given as further categorisation of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 360 -- Murder - Death sentence - Can be awarded when collective conscience of community is shocked viz. (1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community; (2) When the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carriers Act, 1865 - Carriers services - Parcel of sarees in question delivered on production of original consignee's copy of GR after obtaining discharge on reverse thereof - No negligence can be attributed to the petitioner nor can it be held responsible for the loss caused to respondent No.1-complainant - The Carriers..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 376 -- Rape of scheduled caste girl - No other evidence to prove any offence under SCST Act - Mere fact that girl belongs to Scheduled Caste does not attract the provisions of SCST Act - Conviction under SCST Act set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 376 -- Rape of scheduled caste girl - No other evidence to prove any offence under SCST Act - Mere fact that girl belongs to Scheduled Caste does not attract the provisions of SCST Act - Conviction under SCST Act set aside...........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Caste Scrutiny Committee - Jurisdiction - Caste Scrutiny Committee can go into the validity or otherwise of the certificate granted by the authorities...........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Caste Scrutiny Committee - Jurisdiction - Caste Scrutiny Committee is a quasi judicial body - Not bound by provisions of Evidence Act - Evidence before a quasi judicial body not restricted to admission of documentary evidence only - It may of necessity take oral evidence...........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Caste enmity - PW1 and deceased going on scooter - Attacked by nine accused - Conviction on sole testimony of PW1 - PW1 had only a momentary glimpse of assailants before engine of his scooter stopped - PW1 named only four accused armed with Chhuri, Kulhari and Gupti and in FIR also he assigned specific roles to those..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 54, 55, Constitution of India, 1950, Article 72, 161 -- Pardon - Power to grant pardon - Judicial review - Exercise/non-exercise of pardon power by the President or Governor is not immune from judicial review - Power of pardon cannot be exercised for political consideration - Consideration of..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 54, 55, Constitution of India, 1950, Article 72, 161 -- Pardon - Power to grant pardon - Judicial review - Exercise/non-exercise of pardon power by the President or Governor is not immune from judicial review - Power of pardon cannot be exercised for political consideration - Consideration of..........
