Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Repetition of prayer for anticipatory bail after rejection by a Bench of co-ordinate jurisdiction after invoking power of review of decision of earlier Division Bench of co-ordinate jurisdiction may lead to a judicial anarchy...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Service -- Selection process - Appellant stood at serial No. 1 in merit list - Governing Body resolved the appellant's case for approval and appointment by condoning the overage for applying to an aided post in an aided institution - In the absence of advertisement or spelling out of applicable Rules, setting aside approval and appointment of appellant is illegal - Since,..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect findings cannot be challenged by way of review petition - Only remedy in the said aspect available is appeal...........
