Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five members of rape victim - Death sentence - Rejection of mercy petition - Solitary confinement - Petitioner spent about 18 years in solitary confinement - During pendency of mercy petition execution of death sentence of petitioner was stayed, but throughout..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust to the interest..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Name of petitioner was sponsored by Employment Exchange in response to requisition sent by Municipal Corporation - Municipal corporation passed resolution on approving petitioner's appointment - Local Government Department held resolution as illegal - Approach of respondents to deny appointment to petitioner by..........
Service -- Regularization - Appellant appointed in 1997 after due selection and covered by recommendation of SIU which regularized 68 persons including appellant - Said recommendation was accepted by Government of India - No doubt appellant had taken over as Director in the institute on contract basis but it will be unjust to deny him the benefit of said regularization -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks to substitute its..........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - Accused provided just a short period of 11 days to lead defence evidence - However, prosecution was given ample time to complete its evidence - Application to summon defence witness was filed immediately without any delay - Trial Court while refusing application u/s 233 Cr.P.C. did not consider as..........
Agreement to sell -- Specific performance - Refund of earnest money - Court can order return of advance amount with interest, even in the absence of specific alternative plea for return of the amount - In the instant case there was prayer to grant such further or other relief as Court may deem fit to grant - Even when such prayer is not raised, Court is empowered to grant..........
Service -- Appointment - Appointment orders issued and cancelled in 1987 but same not challenged for 9 years - Matter has been taken up after 9 years without any explanation for delay and latches only when some other persons got the relief - It would be totally unjust to direct the appointment of respondents after a period of 27 years when most of these respondents would..........
