Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - All documents were taken into consideration and upon consideration of relevant records and facts and circumstances surrounding crime, President rejected mercy petition - Even defence of accused considered by trial Court,..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1 - - Conviction - Review by Supreme Court - Review is not a rehearing of appeal over again - In a review petition, Court not to re-appreciate the evidence and reach a different conclusion - Review is permitted only when it is shown that judgment suffers from error apparent on the face of..........
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
Service -- Disciplinary proceedings - Judicial review - Test is whether findings are based on some evidence - High Court may interfere only in a case where there is no evidence to sustain the charge of misconduct...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review is limited and under guise of review, petitioner cannot be permitted to re-agitate and re-argue questions, which have already been addressed and decided...........
Constitution of India, 1950, Article 32 -- MLAs - Disqualification - Fundamental rights - Violation thereof - Speaker while exercising power to disqualify is Tribunal acting as quasi judicial authority - Validity of such order is subject to judicial review - No bar for Court to adjudicate issue under writ jurisdiction...........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Satisfaction of Speaker - Subject to judicial review...........
Service -- Compulsory retirement - Judicial review - Scope of judicial review of an order of compulsory retirement based on subjective satisfaction of employer is extremely narrow and restricted - Only if it is found to be based on arbitrary or capricious grounds, vitiated by malafides, overlooks relevant materials, could there be limited scope for interference...........
Service -- Compulsory retirement - Judicial review - Scope of - Court in judicial review, cannot sit in judgment over same as an Appellate Authority - Principles of natural justice have no application in a case of compulsory retirement...........
