Criminal Procedure Code, 1973, Section 362, Indian Penal Code, 1860, Section 420, 120B, Partnership Act, 1932, Section 70 -- Recall of proceedings dropped in the light of settlement between parties - Applicant neither a complainant nor an accused therein - Recall of order amounts to review which is not permissible - Petition dismissed...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114 -- Condonation of delay - Delay of 245 days in filing review petition - No good ground made out by petitioners/State for condoning delay - Bureaucratic lethargy or moving of files from one level to another cannot be considered as sufficient explanation - Even if some latitude is required to be given..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review of order - Permissibility - Under S.362 Cr.P.C. criminal Court is not legally competent to alter its final judgment announced or final order announced except to correct clerical or arithmetical error...........
Constitution of India, 1950, Article 14, Criminal Procedure Code, 1973, Section 24, 25, 321 -- Appointment made by State Government - Judicial review - Appointment of the District Government Counsel by State Government was not merely a professional engagement but had a public element attached to it - Government Counsel were paid remuneration out of the public exchequer and..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing right to file objections - Order neither appealable nor revisable - Review against such order also does not lie as scope of review is limited - Invocation of powers u/s 151 CPC for recalling such order held, proper...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has no absolute restriction in law to review and relook the entire evidence on which the order of acquittal is founded - If appellate court on scrutiny finds decision of Court below is based on erroneous views and against settled position of law, then, interference of appellate Court..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Permissible when (a) there is discovery of new and important matters or evidence which after the exercise of due diligence was not within the knowledge of the applicant; (b) some important matter or evidence could not be produced by applicant at the time when decree was passed or order made; and (c) there was some..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of record...........
