Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether suo motu exercise of power of remission u/s.432(1) is permissible in scheme of section, if yes, whether procedure prescribed in sub-cl.(2) of same section is mandatory or not? - Held, question referred to..........
Criminal Procedure Code, 1973, Section 435, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence -Whether term `consultation' stipulated in S.435(1) Cr.P.C. implies `concurrence'? - Held, question referred to Constitution Bench...........
Constitution of India, 1950, Article 14, 19 -- Restriction by State law as violative of Arts.14, 19 of Constitution - Restrictions imposed by State Act are reasonable restrictions envisioned by the Constitution and that they protect the rights and ensure the welfare of private security guards engaged by private security agencies...........
Constitution of India, 1950, Article 14, 226, Indian Contract Act, 1872, Section 56 -- Breach of contract - Claim for damages by third-party - MPRTC entering into BOT contract with third-party and giving possession of site in contravention with terms of lease, thereby causing termination of lease - No legal rights granted to MPRTC to create further rights in favour of..........
Constitution of India, 1950, Article 227 -- Scope of interference - Rejection of application U.O.13.R.1 CPC - If the plan and report about which foundation is already laid are not allowed to be produced in evidence and plaintiffs are not given an opportunity to prove the same, fate of case of plaintiffs would be sealed at threshold itself - Moreover, impugned order is not..........
Constitution of India, 1950, Article 14 -- Public Trust Doctrine - Auction of tea estate - Liquidator accepted bid which was far less than estimate given by competent valuer - Fact that land was encroached not a ground to accept lower price - Liquidator should have taken steps to improve condition of land and sell it at reasonable and standard price prevalent at time of..........
Medical Council of India Act, 1956 - - Principle of `res ipsa loquitur' - Applicability - Courts below have applied principle of res ipsa loquitur to cast burden of proving that there was no negligence on behalf of defendant - Thereafter, both Courts below has concurrently held defendant liable for negligence and failure to take due care of plaintiff who was an indoor..........
Constitution of India, 1950, Article 21, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23(c) -- Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013 - Inter-generational equity and sustainable development - Fixation of cap for extraction - Expert Committee after considering adverse impact on environment and the..........
Constitution of India, 1950, Article 226 -- Landlord-tenant dispute - Writ jurisdiction - Held, a petition u/Art.226 or 227 of Constitution of India can neither be entertained to decide landlord-tenant dispute nor it is maintainable against private individual to determine an intense dispute including question whether one party harassing other party...........
Constitution of India, 1950, Article 226, 227 -- Exercise of writ jurisdiction - Held, High Court u/Art.227 has jurisdiction to ensure that all subordinate Courts as well as statutory or quasi-judicial tribunals, exercise powers vested in them within bounds of their authority - If a suit is not maintainable it is well within jurisdiction of High Court to decide same in..........
