Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Constitution of India, 1950, Article 137, 145 -- Review of judgment pronounced in a criminal case - Review not permissible except on the ground of error apparent on face of record - To maintain a review in a criminal case, it has to be considered as to whether there has been a miscarriage of justice...........
Constitution of India, 1950, Article 226 -- Departmental enquiry - Punishment - Dismissal - Judicial review - Dismissal on the charge of getting promotion on the basis of fake diploma/degree - The Enquiry Officer failed to observe the procedure as given in Rule 7 and apparently has given no opportunity to the delinquent employee for defending himself - The evidence which..........
Criminal Procedure Code, 1973, Section 31, 362 -- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition u/s 482 r/w S.31 Cr.P.C. with..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Constitution of India, 1950, Article 14, 16, 226 -- Recruitment - Administrative action - Judicial review - Selection made in 2007 to fill up the post of Clerks, Junior Scale Stenographers and Steno Typist by Transfer of officials already in service but no appointment letters issued - In the year 2010 the posts sought to be filled up by direct recruitment - It is the..........
Constitution of India, 1950, Article 14, 226 -- Transfer - Judicial review - Petitioner serving on a transferable post and was serving at the same place for 6 years - The employer is the best person to judge administrative exigency for transfer of a post or transfer of a person from one place to another - The Court in judicial review would not, ordinarily, interfere with..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Annual Confidential Report - Adverse remarks - Judicial review - While exercising writ jurisdiction under Article 226 of the Constitution the Court does not act as an appellate authority but has limited scope to interfere where the recorded ACR actuated with mala fide or statutory provisions have not been..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Annual Confidential Report - Adverse remarks - Departmental Promotion Committee - Recommendations of DPC - Not recommending for promotion - Judicial review - The adverse remarks as recorded in the case of the petitioner were based on records - Leave no scope for the Court to interfere with the recommendations..........
Constitution of India, 1950, Article 14, 16, 226 -- HCS (Judicial Branch), Examination 2010 - Eligibility - Ex - serviceman - Cut - off date - Judicial review - As per the advertisement the last application/closing date was 9.4.2010 - The petitioner admittedly retired from the Indian Air Force on 31.8.2010 hence could not be considered as an Ex - serviceman on 9.4.2010 -..........
