Police torture -- Violation of human rights - Compensation by Constitutional Court - Sufferance of bodily injuries, humiliation, violation of human rights - Violation of constitutional right - Law does not impose any fetter on the Constitutional Courts to order appropriate compensation to the victims, on the sole ground that victim has not approached the private law..........
Civil Procedure Code, 1908, Section 2(2), 47 -- Decree - Null and void - A decree could be said to be null and void only when the decree is made by a Court which has no inherent jurisdiction to make it - Inherent lack of jurisdiction must appear on the face of the record - Where the objection as to jurisdiction of the Court to pass the decree does not appear on the face..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
Criminal Procedure Code, 1973, Section 482 -- Bail application - Exercise of inherent power by High Court - Criminal cases pending in other states - No details are given in petition u/s 482 of CrPC as to in which case the petitioner is seeking bail from this Court - Held, in respect of criminal cases pending in other states, this Court has no territorial jurisdiction to..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 4(2), (3) -- Suit for recovery - Territorial jurisdiction - Tender for construction of building was called for by defendant-Society from its office situated at "S" - It is also seen that tender for accepting the contract was submitted within territorial jurisdiction of said Court - Contract was also..........
Criminal Procedure Code, 1973, Section 306, 460(g) -- Illegal gratification - Grant of pardon - Power of Magistrate - Magistrate tendered pardon to respondents No.3, 4 - Challenge thereto - There is no specific averment in petition raising grievance against procedural illegality committed by Magistrate while granting pardon - Grievance has been raised regarding..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Issuance of process - Recall of order - Whether order for issuance of process in stage of trial can be reviewed or reconsidered by Magistrate? - Held, issuance of process is a preliminary step in stage of trial - Such order is an interlocutory order -..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Territorial jurisdiction - Taking up an issue for decision first on request of a party - Unfavourable order - Challenge to - Permissibility of - Held, once petitioner invited the Court to decide the matter and insisted that such matter should be decided first before deciding other matters having suffered an unfavourable order..........
