Constitution of India, 1950, Article 136 -- Power - In exercise of power under Article 136 of the Constitution of India in respect of cases where concurrent findings are recorded by the Lower Courts, if doubt lingers with respect to the probability or conclusiveness of any circumstance, the evidence has to be scrutinized by Court so as to ensure that the totality of the..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Service -- Age of retirement - Challenge as to - Age of retirement was reduced from 60 years to 58 years by Company - Clause 17(7)(iii) of Standing Orders only enables company to continue any employee in service till he or she attains the age of 60 years subject to medical fitness at the end of each year - Said clause does not confer any right on employees to seek..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Has no adjudicatory power - By allowing the prayer of Public Prosecutor to withdraw prosecution, Lok Adalat has exercised jurisdiction not vested in it - Impugned order quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Appeal - Appellate Court while exercising power u/s 29 of the Act, has power to pass interim order...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
