Showing : 1-10 of 210 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 investigation was well considered by trial Court and even in criminal appeal - Even plea of alibi..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 judgment...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100- - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Every error whether factual or legal cannot be made subject matter of review U.O.47.R.1 CPC, though it can be made subject matter of appeal arising out of such order - However, in order to attract provision of O.47.R.1 CPC, error/mistake must be apparent on the face of record of case...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 136-- Special leave to appeal against review order - Appellant not challenged main order - Legality and correctness of main order cannot be examined in present appeal...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - It must be confined to error apparent on the face of record and review proceeding is not by way of an appeal - Re-appraisal of entire materials on record for finding error would amount to exercise of appellate jurisdiction which is not permissible...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16-- Appeal u/s 16 of the Act - Not maintainable at the instance of children or relatives - However, children and relatives are not precluded from resorting benefit of judicial review u/art 226/227 of Constitution against an order passed u/s 5 of the 2007 Act...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Misleading Court by concealing material facts - Court which granted bail, cannot reject bail already granted, as Court is not in a position to review its earlier order - Only remedy available is to file an appeal against order granting bail - Application for cancellation of..........

Showing : 1-10 of 210 Results