Constitution of India, 1950, Article 72, 161, 226, Criminal Procedure Code, 1973, Section 432, 433, 433A -..........
Negotiable Instruments Act, 1881, Section 138, 3, 72 -- Dishonour of cheque - Expression "presentation of the cheque to the bank" used in S.138 - Held, it refers to only drawee bank - Payee's bank has no relevance for the purpose of constituting an offence u/s 138 of the NI Act - What is required under the section is dishonour of cheque by drawee bank - Payee's bank rather..........
Constitution of India, 1950, Article 3, 4, 245, 246, Sikh Gurdwaras Act, 1925, Section 49, 92, Punjab Re-organization Act, 1966, Section 72 -- Denial of right to vote to Sehajdhari Sikhs in the elections of Sikh Gurudwara Prabandhak Committee by notification issued by Central Government - Held, constitutionally invalid and is hereby quashed - Reasons for rendering..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Seven accused convicted and sentenced to life imprisonment by trial court - Governor granted pardon to three of the accused pending appeal by pronouncing their innocence - Order of Governor set aside - Held, to decide the innocence or otherwise of..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Judicial review - Grounds are : (a) that he order has been passed without application of mind; (b) that the order is mala fide; (c) that the order has been passed on extraneous or wholly irrelevant considerations; (d) that relevant materials have..........
Punjab Town Improvement Trust Act, 1922, Section 72(E), 36 -- Land acquired by trust - Objections not filed by petitioner in pursuance to notification issued u/s 36 of the Act - Trust passed resolution to adjust all the small plot holders - However, same was annulled by Govt. partially, suo motu without giving any opportunity to the petitioners u/s 72 (E) of the Act -..........
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..........
Protection of Human Rights Act, 1993, Section 12(i), Constitution of India, 1950, Article 162, 72 -- Death sentence awarded to accused - National Human Rights Commission has jurisdiction to make recommendation to Governor to commute the sentence...........
Criminal Procedure Code, 1973, Section 433A, 433, 432, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Conviction upheld - Prayer for remission - Petition for remission dismissed - Held, accused may file petition with High Court if he is entitled to benefit of any rule or govt. order for remission of sentence or he can seek redress from appropriate..........
Criminal Procedure Code, 1973, Section 71, 72, 73, 87, 89 -- Non bailable warrants - Power to issue the same - Held - (a) Issuance of non bailable warrants involves interference with personal liberty, hence to be issued sparingly; (b) Non bailable warrants to be issued to secure the presence of a person only when summons or bailable warrants unlikely to have desired..........
