Criminal Procedure Code, 1973, Section 24(8) -- Appointment of Special Public Prosecutor - Judicial review - Held, jurisdiction of Apex Court to examine correctness and sustainability of order passed u/s.24(8) Cr.P.C. by way of juridical review, cannot be exercised, as if it were an Appellate Authority/Appellate Court - No interference is possible unless such decision..........
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...........
Consumer Protection Act, 1986, Section 22, 22A -- Ex parte order & Review - District Forums and State Commissions have no power to set aside ex parte orders and to review orders - Such orders are assailable only before the National Commission...........
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...........
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 standi to file an application..........
Service -- Disciplinary proceedings - Dismissal order passed after full fledged enquiry - Judicial review - High Court while exercising powers under Article 226 of the Constitution does not act as an appellate authority - Jurisdiction is circumscribed and confined to correct an error of law or procedural error, if any, resulting in manifest miscarriage of justice or..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Power of appellate Court is in no way circumscribed by any limitation and that power is exercisable by the Appellate Court to comprehensively review the entire evidence...........
Supreme Court Rules, 1966, Order 18, Rule 5 -- Clarification, modification, recall or rehearing - Fraud and material suppression of documents - Application fall in the realm of an application for review - There is no question of clarification, modification of the judgment - Held, a petition which is intended to review an order or judgment U.O.47.R.1 CPC and in criminal..........
Administration of justice -- Judgment/direction not clearly understood - Petition for Review or Clarification before the Court delivering the same is permissible - However, setting up contrary plea instead in collateral proceedings - Not permissible...........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
