Indian Penal Code, 1860, Section 376 -- Rape - High Court reduced sentence from 10 years to already undergone which was nearly 4 years and 8 months - Reasons not assigned for reducing sentence much below the minimum prescribed sentence - Judgment was short and cryptic and reflected non application of mind - Case remanded for decision afresh...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Conviction of accused u/ss 363, 366 and 376 IPC - High Court reduced sentence to already undergone which was about 2 years and 4 months - Sentence reduced to minimum prescribed by law - Reasons not assigned - Judgment very short and cryptic which shows non application of mind - Impugned judgment set aside and case remanded..........
Indian Penal Code, 1860, Section 376 -- Rape - High Court reduced sentence from 10 years to already undergone which is nearly 8 months - Satisfactory reasons not assigned for reducing the sentence less than minimum prescribed - High Court order very short and cryptic and shows non application of mind - Impugned judgment set aside and matter remanded for decision afresh...........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence than the minimum prescribed - Reasons not recorded - Order reducing sentence very short and cryptic - Shows complete non application of mind - Matter remanded for decision afresh...........
Indian Penal Code, 1860, Section 376 -- Rape - Award of lesser sentence than provided - High Court reduced sentence from 7 years to already undergone which was nearly seven months - Satisfactory reasons not recorded for reducing sentence which was far below prescribed minimum - Appeal was dismissed by a short and cryptic judgment which shows non application of mind -..........
Service -- Dismissal from service - Reasonable opportunity of being heard not afforded - Order of dismissal not disclosing independent application of mind - Reinstatement of plaintiff with all consequential benefits rightly decreed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - Murder - Grant of bail on the basis that extra judicial confession of one of the co-accused may not stand the test of scrutiny by a judicial mind by itself is not sufficient to grant bail - Evidence of involvement of accused with the investigation prior to grant of bail and also after grant..........
Constitution of India, 1950, Article 226, 227, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Respondents in unauthorised occupation of Shamlat land - Ejectment ordered - Question of title decided by the High Court - Land held to be 'Charand' falling within the definition of Shamlat Deh - Warrant of possession issued - Commissioner in appeal directed..........
Land Acquisition Act, 1894, Section 4, 5A, 6, Constitution of India, 1950, Article 300A -- Hearing of objections - Consideration by govt. - Section 5A confers valuable rights akin to fundamental right - Hearing must be effective and not mere formality - Opportunity of hearing is necessarily granted to show the purpose of acquisition is a public purpose and also the..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court in revision jurisdiction cannot interfere with the findings of fact recorded by Courts below and reappreciate evidence and interfere with the findings unless it is found that the findings recorded by lower court are perverse or there has been non application of mind...........
