Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Fourfold test that is to be satisfied, in the execution of death penalty as laid down in Deena Vs Union of India, emphasised, viz. (i) The act of execution should be as quick and simple as possible and free from anything that unnecessarily..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Offence u/s 22(b) NDPS Act - Suspension of sentence during pendency of appeal - Accused convicted and sentenced to 10 years R.I and he has undergone 4 years and 5 months of sentence - Appeal would take substantial time to come up for final hearing - Delay in..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Illegal gratification - Applicant a police personnel demanded Rs.20,000 from complainant for not arresting him in a case - Transcript of allegedly recorded telephonic conversation between complainant and applicant read out..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34 -- Illegal gratification - Since the applicant is a Delhi Police personnel serving the citizens in NCTD and functions of Delhi Police personnel substantially and essentially relate to affairs of GNCTD, thus, Anti Corruption Bureau of GNCTD has jurisdiction to entertain and act..........
Prevention of Corruption Act, 1988, Section 7, 13, Constitution of India, 1950, Article 239AA - - `Public Order' - Offence under P.C. Act per se would have no bearing on `Public Order' - `Public order' implies absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal avocations of life - Entry 1 of List II of State list would..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examinatio, i, chief beyond pleadings - Whether particular evidence in the shape of examinatio, i, chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Civil Procedure Code, 1908, Order 3, Rule 4(5) -- Advocate not duly authorized by vakalathnama - Said advocate has no authority to compromise a suit, confess judgment in suit or make admission so as to bind the party - No court shall accept or act on such a compromise or confession or admission without verifying whether Advocate doing so had been authorized by party by..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay can be condoned considering circumstances of the case and also on noticing that delay has been properly explained or if Court finds that it is necessary so to do in the interest of justice - S.473 Cr.P.C. gives wide discretion to Court than that is provided by S.5 of Limitation Act...........
