Supreme Court Rules, 2013, Order 47, Rule 1 -- Review - No restrictions on power of Supreme Court to review its judgments or orders arising out of proceedings other than civil and criminal proceedings...........
Supreme Court Rules, 2013, Order 47, Rule 1 -- Review - Limitation in O.47.R.1 of Rules do not apply to review petitions arising judgments or orders passed in Writ Petitions filed u/art 32 of Constitution, as they do not fall within purview of civil and criminal proceedings...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
Criminal Procedure Code, 1973, Section 362, 482 -- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
Criminal Procedure Code, 1973, Section 362 -- Recall of judgment - Amounts to alteration or review of judgment which is not permissible u/s 362 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Prevention of atrocities on SC/ST - Directions No.(iii) and (iv) laid down in Criminal Appeal No.416 of 2018, D/20.03.2018 by Supreme Court, recalled and consequently direction No.(v) also vanishes - Review petitions allowed...........
Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 8(a) -- Detention order - Opinion of Advisory Board is neither judicial nor quasi judicial - It would be erroneous and unsafe to treat opinion expressed by Advisory Board as amounting to judgment of a criminal Court - Said opinion cannot be subject matter of review or scrutiny by..........
