Civil Procedure Code, 1908, Section 114, Order 41, Rule 1 -- Review - An entirely new ground which was not raised earlier at the time of hearing of appeal would not be considered for first time at Review stage...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - No provision in Cr.P.C. authorising High Court to review its judgment passed either in exercise of its appellate or revisional or original criminal jurisdiction but such power can be exercised, in case, some typographical or clerical mistakes are there...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
Criminal Procedure Code, 1973, Section 204 -- Recall of summoning order - Order of disposing of an objection against summoning order is an interlocutory order that cannot be reviewed before personal appearance of accused - Moreover, Magistrate has no power to review its own order and recall the summoning order - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
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..........
