Words and Phrases -- "Honourable acquittal", "acquittal of blame", "fully exonerated" - Expressions are unknown to the Code of Criminal Procedure, 1973 or the Indian Penal Code, 1860 and are coined in judicial pronouncements...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate after examining complainant u/s 223 BNSS and noticing absence of supporting material has consciously chosen not to direct registration of an FIR but instead to invoke S.225 BNSS in order to conduct an inquiry himself to deliberate upon question of cognizance and thereafter either to..........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Service -- Judicial review - Re-evaluation of answer sheets - There cannot be re-evaluation of an answer sheet unless rules, regulations or policy expressly provide so - High Court cannot assume role of super examiner/subject expert and such an exercise should ordinarily be left to domain experts...........
