Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Factors to be taken into consideration - (i) while dealing with the question of commuting the sentence of death into life imprisonment delay has to be considered which has occurred after the judicial processes has come to an end..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Declining sanction to prosecute - Review of order on the basis of same material is not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Impleadment allowed with the rider that applicant will join the proceedings from the stage the application was allowed and would pursue the defenses already taken by defendant and will not be allowed to set up a new case by reopening the suit which was in its..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court being the final court of fact is fully competent to re-appreciate, reconsider and review the evidence and take its on decision - Law does not prescribe any limitation, restriction or condition on exercise of such power and Appellate Court is free to arrive at its own conclusion keeping..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Dismissal of SLP by Supreme Court by a no, speaking order without any contest by other side at the stage of admission - Not a bar for maintainability of review petition in High Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Criminal Procedure Code, 1973, Section 362 -- Recall or review of order - Order acquitting petitioner dictated in open court but had not been signed - Held, in view of S.362 Cr.P.C., recall of order by High Court is proper...........
Criminal Procedure Code, 1973, Section 362 -- Court not to alter judgment - Order framing charge - Once charges have been framed, trial has to be brought to its logical end - There cannot be a review or recall of an order...........
