Constitution of India, 1950, Article 12 -- State - Indian Association for Cultivation of Science (IACS) is a State within the meaning of and for purpose of Art.12 of Constitution of India as it is financially, functionally and administratively is under the control of Government of India, as such it is amenable to writ jurisdiction of High Court...........
Contract -- Liability - High Court allowed writ and directed Respondent No.1 to pay irrigation restoration charges at Rs.50,000 per hectare - Respondent challenged the same - Whether a party to a contract is entitled to question the amount of consideration after signing the contract - Signing the agreement and issuing an undertaking would estop Respondent No.1 from..........
Contract -- Liability - High Court allowed writ and directed Respondent No.1 to pay irrigation restoration charges at Rs.50,000 per hectare - Respondent challenged the same - Whether a party to a contract is entitled to question the amount of consideration after signing the contract - Signing the agreement and issuing an undertaking would estop Respondent No.1 from..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court has the power to quash proceedings even in those offences which are not compoundable, where parties have settled the matter between themselves - But the power has to be exercised fairly with caution...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Criminal Procedure Code, 1973, Section 360(4) -- Benefit of probation - Benefit as per S.360(4) Cr.P.C can be awarded by appellate Court or by High Court while exercising its power of revision...........
Constitution of India, 1950, Article 217 -- Appointment of High Court Judge - Eligibility - Constitution does not provide prohibition for lawyers practicing in Supreme Court to be appointed as a Judge of High Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - Power of revision available to High Court u/s 401 Cr.P.C r/w 397 Cr.P.C, is not wide and exhaustive to re-appreciate evidence to have contra finding...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
