Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13, Constitution of India, 1950, Article 226 -- Sanction to prosecute - Refusal to - PIL against - Scandal of illegal appointments and payment of salaries to teachers - Impugned orders declining sanction for prosecution passed after considering evidence and material on record - Held,..........
Constitution of India, 1950, Article 136 -- Criminal appeal - Scope - Held, jurisdiction to interfere under Art.136 is extraordinary and power vested in Apex Court is not exercised to upset concurrent findings of fact recorded by two Courts below on a proper appreciation of evidence - It is only in those rare and exceptional cases where appreciation of evidence is found to..........
Constitution of India, 1950, Article 136 -- Enhancement of sentence - Scope of interference - Counsel for CBI not assailed inadequacy of sentence - Appellants have already faced prolonged trial for over 16 years - They having no criminal antecedents - They already deposited compensation amount awarded to victims - Held, enhancement of sentence not warranted...........
Constitution of India, 1950, Article 142 -- Evacuee property - Appellant in possession of suit land for a long time - Collector has favourably considered representation and assessed market value of suit land at a sum of Rs.3,94,108/- - Due to poor financial condition appellant has sought for permission to pay sale price in six installments - Held, it is a fit case for..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 156 -- Investigation - Transfer to CBI - Held, not necessary to give an opportunity of hearing to proposed accused as a matter of course...........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Criminal Procedure Code, 1973, Section 125, 105 -- Maintenance - Execution - Husband living outside territory of India - Held, it cannot be a reasonable basis for invoking extraordinary remedy u/Art.32 of Constitution inasmuch as provisions of Cr.P.C. i.e. S.105 makes elaborate provision for service of summons in case person summoned by Court resides outside territory of..........
Constitution of India, 1950, Article 226, 32 -- Writ of quo warranto - Held, procedure of quo warranto gives judiciary a weapon to control executive from making appointment to public office against law and to protect a citizen from being deprived of public office to which he has a right - Before a person can effectively claim writ of quo warranto, he has to satisfy Court..........
Constitution of India, 1950, Article 229(2) -- Power of Chief Justice of High Court in matters of appointment - Held, Chief Justice cannot make any appointment in contravention of Statutory Rules which have to be in consonance with scheme of our Constitution - Appointments should be made giving adherence to provisions of Art.14 and 16 of Constitution and/or such Rules as..........
Constitution of India, 1950, Article 229(2) -- Power of Chief Justice of High Court in matters of appointment - Detailed directions issued to all High Court...........
