Showing : 1-10 of 29 Results

CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 202, 204, 482-- Non-compliance of inquiry - Objections - At first instance accused can raise objection for issuing summons u/s 204 Cr.P.C. - Since Cr.P.C. does not contemplate review of order passed by Magistrate concerned taking cognizance of offence issuing process without there being any allegation against..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973-- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2), 437(5)-- Powers of Courts u/ss 439(2), 437(5) Cr.P.C. - Sessions Court and Court of Magistrate under the guise of powers conferred u/ss 439(2) or 437(5) Cr.P.C, cannot review its orders granting bail...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Recall of summoning order - Order of disposing of an objection against summoning order is an interlocutory order that cannot be reviewed before personal appearance of accused - Moreover, Magistrate has no power to review its own order and recall the summoning order - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order and recall the summoning order - Remedy lies before High Court u/s 482 Cr.P.C. or under Article 227 of the Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 451-- Release of truck on Superdari - Magistrate reviewed his own order and cancelled the order vide which the truck was ordered to be released on Superdari - Held, Magistrate is not competent to review his own order...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 451-- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
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 - Magistrate does so only..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, Constitution of India, 1950, Article 226, 227-- Taking possessions of secured assets - Exercise of power by District Magistrate/Chief Metropolitan Magistrate - Cannot be questioned by filing appeal under S.17 of Act - However right of judicial review under Art.226/227 of Constitution is not taken away - But power of judicial review can be..........

Showing : 1-10 of 29 Results