Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Neither S.114 CPC, nor O.47.R.1 CPC provide for any suo moto review of order by Court...........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect appreciation of a provision of law - Proper remedy is to approach Competent Court in Appeal against the judgment and order...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review power cannot be exercised on the ground that decision was erroneous on merit - That would be in the province of Court of appeal - Power of review is not to be confused with appellate power which may enable an appellate Court to correct all manner of error committed by subordinate Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court has no jurisdiction to examine validity or to review or hear appeal in respect of orders passed by Assistant Collector as well as by Revenue Council - Objections rightly rejected...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Civil Procedure Code, 1908, Section 114 -- Review - Repetition of earlier arguments that have already been addressed is not open to be looked into in a review application...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Civil Procedure Code, 1908, Section 114 -- Review - Decree of divorce - Efforts made for reconciliation but wife expressed her unwillingness to live with husband - Wife remarried after decree of divorce in her favour - Review has lost its efficacy - Review application rejected...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Maintenance - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. - By S.125(5) Cr.P.C. Magistrate is expressly empowered to cancel an order passed u/s 125 Cr.P.C. on fulfillment of certain conditions - S.127 Cr.P.C. empowers Magistrate to..........
