Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - No embargo on appellate court to review the evidence upon which an order of acquittal is based - When two views are possible, view favourable to accused be followed - Paramount consideration of the court is to ensure that miscarriage of justice is prevented -..........
Criminal Procedure Code, 1973, Section 204, 202, 200 -- Complaint - Summoning order - Recall - Magistrate has no power to review and recall summoning order - Remedy lies u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Section 114 -- Review petition seeking review of order of enhancement of compensation - Application for condonation of delay in filing same - Petition Corporation on whose requisition land was acquired, sought review of order enhancing land acquisition award - Being fully aware of appeal preferred by State and also by claimant, petitioner did..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 - Court is required to hold summary proceedings in relation to lawful possession and dispossession in an unlawful manner - When both the factors are established then a decree of restoration of possession can be passed - No appeal or review is maintainable against such a decree - In case of dismissal of suit no appeal is..........
Constitution of India, 1950, Article 136, Prevention of Terrorism Act, 2002, Section 46 -- Review - Review Committee on POTA not considering case of accused on priority - Review Committee on POTA requested to consider the case of accused on priority in the matter of hearing and consideration and communicate its decision as far as practicable within a period of four weeks..........
Constitution of India, 1950, Article 32,226 -- Judicial review - The power of judicial review over legislative action vested in the High Court under Article 226 and in Supreme Court under Article 32 is an integral and essential feature of the Constitution, constituting part of its basic structure - Ordinarily, therefore, the power of High Courts and the Supreme Court to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope - Power of review is available only when there is an error apparent on face of record and not on erroneous decision - Review in disguise of appeal - Not competent...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Judicial review - Matter governed by contract - Held that the Court will have no jurisdiction to entertain a writ application in a matter governed by contract qua contract, as therein public law element would not be involved...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Judicial review - Scope of succinctly put are:-..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for partition - Decreed in terms of compromise - Appeal against - Appellate Court found that compromise was not in accordance with O.23.R.3 - Remanded matter directing trial Court to frame issue on question of settlement between parties - No error apparent on face of Judgement - Review - Not competent...........
