Criminal Procedure Code, 1973, Section 190 -- Recall of process - Magistrate has no jurisdiction to recall his order issuing process in the absence of any power of review or inherent power which did not inhere in the subordinate Criminal Courts, but was available to the High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld...........
Criminal Procedure Code, 1973, Section 173(8) -- Final report - Acceptance of - Further investigation - Held, even after final report is laid before Magistrate and is accepted, it is permissible for investigating agency to carry out further investigation - In other words, there is no bar against conducting further investigation u/s 173(8) Cr.P.C. after final report..........
Criminal Procedure Code, 1973, Section 169, 170, 362 -- Discharge of accused - Re-opening of case - Superintendent of Police replaced investigating officer by other police officer to investigate the case - New investigating officer on taking over investigation sought for addition of some more offences to be charged against petitioner - New investigating officer moved Chief..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope - Power of review is available in the event of discovery of new and important matter or evidence which despite exercise of due diligence was not within the knowledge of the applicant or could not be produced at the time when order was made - Review application is also maintainable when order is..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not an appeal in disguise - Review court does not sit in appeal over its own order - A re-hearing of the matter is impermissible in law - It constitutes an exception to the general rule that once a judgment is signed or pronounced, it should not be altered - It is also trite that exercise of inherent..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - No error apparent on face of record and no other ground available U.O.47.R.1 CPC - Not permissible to entertain review application...........
Civil Procedure Code, 1908, Section 47 -- Execution - Jurisdiction of Executing Court - Limited and narrow - Cannot be equated with that of an Appeal or Review...........
Civil Procedure Code, 1908, Order 47, Rule 1, Railway Protection Force Act, 1957, Section 9(i), Railway Protection Force Rules, 1987, Rule 148.1, 148.2, 148.3, 148.4, 153, 156 -- Review of judgment - Order of dismissal from service - Contentions raised by applicant`s counsel found to be misconceived - Also these contentions were raised for first time in review application..........
Criminal Procedure Code, 1973, Section 433(c) -- Pardon power - Judicial review - Granting of pardon is in no sense an overturning of a judgment of conviction - An undue and unjustified exercise of pardon power is to be deplored - Judicial review of the order of President or Governor under Article 72 or Article 161, as the case may be, is available and their orders can be..........
