High Court is only proper forum against Land acquisition cases


It is clear that the Land Acquisition Act is a complete Code in itself and is meant to serve public purpose.  By necessary  implication,  the  power  of  civil  Court  to  take cognizance  of  the  case  under  Section  9  of  CPC  stands excluded and a Civil Court has no jurisdiction to go into the question of the validity or legality of the notification under Section  4,  declaration  under  Section  6  and  subsequent proceedings except by the High court in a proceeding under Article 226 of the Constitution.  It is thus clear that the civil Court is devoid of jurisdiction to give declaration or even bare  injunction  being  granted  on  the  invalidity  of  the procedure  contemplated  under  the  Act.   The  only  right available for the aggrieved person is to approach the High Court under Article 226 and this Court under Article 136 with self imposed restrictions on their exercise of extraordinary power. 
....Supreme Court of India - CIVIL APPEAL NO.  1051  OF 2013 (Arising out of SLP (C) No. 25851 2005) - The Commissioner, Bangalore Development Authority & Anr.  Versus Brijesh Reddy & Anr.  - Corum - J.(P. SATHASIVAM) and J. (JAGDISH SINGH KHEHAR)  - FEBRUARY 08, 2013. 

When Death sentence can be imposed

Age definitely is a factor which cannot be ignored, though not determinative factor in all fact situations. The probability that the accused persons could be reformed and rehabilitated is also a factor to be borne in mind. To award death sentence, the aggravating circumstances (crime test) have to be fully satisfied and there should be no mitigating circumstance (criminal test) favouring the accused. Even if both the tests are satisfied as against the accused, even then the Court has to finally apply the Rarest of Rare Cases test (R-R Test), which depends on the perception of the society and not “judge-centric”, that is whether the society will approve the awarding of death sentence to certain types of crime or not. While applying this test, the Court has to look into variety of factors like society’s abhorrence, extreme indignation and antipathy to certain types of crimes like rape and murder of minor girls, especially intellectually challenged minor girls, minor girls with physical disability, old and infirm women with those disabilities etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected by the will of the people, and not Judge centric......Supreme Court of India - CRIMINAL APPEAL NO. 1055 OF 2006 - Gurvail Singh @ Gala & Another Versus State of Punjab. February 07, 2013- Corum:-J. (K. S. RADHAKRISHNAN) and J. (DIPAK MISRA).