Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Application for review cannot be treated to be an opportunity to argue the case on merits afresh...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - In the garb of review application, rehearing of appeal on merits cannot be allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition cannot be used as a substitute for appeal or re-argument on merits...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
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...........
