Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Anticipatory bail - Grant of by Sessions Judge by showing grave judicial indiscipline - The anticipatory bail was declined itself by the Court of Sessions twice earlier, once by the High Court and SLP filed by the respondent second respondent was dismissed - Held that the considerations which generally..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Appeal against conviction - Question of law and fact - Submission made before apex court on the basis of Juvenile Justice (Care and Protection of Children) Act, 2000 - The same neither argued before the trial court that any of the accused was a juvenile nor such point has been taken in the SLP - Held that this is not a..........
Probation of Offenders Act, 1958, Section 4 -- Conviction u/s 379 IPC and 27 Arms Act -Sentence of one year imprisonment - SLP of other accused dismissed - Appellant now a Govt. servant and conviction would visit with serious consequences including dismissal from service - Report of Probation Officer recommended that appellant could be released on probation - Appellant..........
Civil Procedure Code, 1908, Order 47, Rule 1(a) -- Review - Can be filed at any time before SLP is granted - Review petition can be filed even after SLP is dismissed - Refusal to grant leave to appeal does not attract doctrine of merger...........
Doctrine of merger -- Refusing SLP by a speaking order i.e. where reasons have been assigned - Still the order remains the one rejecting prayer for the grant of leave to appeal - Doctrine of merger does not apply - However, the law stated or declared by Supreme Court in the order shall attract applicability of Article 141 of the Constitution...........
Criminal Procedure Code, 1973, Section 243(1) -- (as amended by S.22 of Prevention of Corruption Act, 1988) - Prevention of Corruption Act, 1988, S.5(1) - Defence evidence - Appellant submitted a list of 267 witnesses for defence - Trial Court not allowed him to examine all persons mentioned in list and directed him to limit number to minimum necessary - High Court as per..........
Criminal Appeal -- SLP - Scope of jurisdiction - Concurrent findings of fact by lower Courts cannot be assailed by making an effort to get entire evidence re-appreciated as if a third appeal on fact...........
Constitution of India, 1950, Article 136 -- Special leave to appeal - Discretionary power available to Court at the time of grant of SLP continues with the Court even at the stage when appeal comes up for hearing - Court not bound to go into merits - Court can declare law or point our error and still may not interfere if justice of the case on facts does not require..........
Special Leave Petition -- Withdrawal of SLP without obtaining permission for filing a fresh petition - It is not a permissible practice to challenge same order over again after withdrawing special leave petition without obtaining permission of Court for withdrawing it with liberty to move for special leave again...........
Public Interest Litigation -- The petitioner appears to have filed the litigation for someone - No public interest involved - High Court rightly dismissed it - SLP dismissed with costs of Rs.5,000/-...........
