Showing : 1-10 of 189 Results

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...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1-- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Conviction shall not be affected by any irregularity in arrest of accused, particularly when offence against accused is proved on record - No ground to hold that conviction and trial of accused is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1-- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Supreme Court had cautiously gone into and revisited the entire evidences on record and after being fully satisfied had dismissed the appeal against conviction - By review petition accused cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1-- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Court by impugned judgment dismissed the appeal against conviction of accused after marshalling the evidence of complainant and other evidences including scientific evidences that accused was driving the..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Recovery suit - Petitioner cannot be permitted to re-argue same points which are already dealt, answered and rejected by detailed judgment - All pleas were raised before High Court and after considering those pleas, judgment in appeal was rendered by High Court - Petitioner not entitled..........

Showing : 1-10 of 189 Results