Constitution of India, 1950, Article 136 -- Appeal by special leave - Supreme Court does not, by special leave, convert itself into a court to review evidence for third time - Where High Court fails to appreciate the true effect and material change in the version given by the witnesses, in such a situation it would not be right for Supreme Court to affirm such a decision..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers to be exercised by High Court - Power to review evidence - High Court should be slow in disturbing finding of fact arrived at by trial Court - If two views are possible on evidence adduced in the case view favourable to accused should be adopted - Paramount consideration of Court should be to..........
Punjab Police Rules, 1934, Rule 23.4, 23.9 -- Entry in Surveillance Register - Authority can review the entry either suo motu or on representation...........
Criminal Procedure Code, 1973, Section 173, 301, 302 -- Report of police u/s 173 Cr.P.C. - Magistrate taking cognizance u/s 354 IPC - Successor Magistrate added a charge u/s 306 IPC on basis of record and fresh application of aggrieved party - No illegality - It does not amount to review of order...........
Service -- Selection - Marks required 55% - Selected candidate had 54.85 marks - Selection Committee found marks obtained by candidate selected as good as 55 percent - View taken by selection committee cannot be subject matter of judicial review - View taken by experts is final...........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Penal Code, 1860, S.420 - Sanction to prosecute - Earlier sanction refused but upon review sanction granted by the Department - No new or fresh grounds disclosed to support the grant of sanction - FIR and all consequent proceedings pending before the Court of Special Judge quashed...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 7 -- Sanction to prosecute - Refusal by the Joint Secretary to Govt. Punjab, Health Department - Review by the Additional Secretary to Government Punjab, Vigilance Department and accorded sanction for prosecutions of the accused nullifying the earlier order of the Joint..........
Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Exemption from deposit - Application can be filed at any time upto the time of presentation of application for setting aside ex-parte decree or for review and the Court may treat it as a previous application...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Successive bail applications - Permissible under the changed circumstances only - Without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under Criminal law...........
Consumer Protection Act, 1986, Section 22 -- Review - National Commission is not empowered to review its own order - Even an ex-parte order on merit cannot be reviewed - The present Misc. petition for review held to be not maintainable as it is not permissible under the law...........
