Criminal Procedure Code, 1973, Section 24(8) -- Appointment of Special Public Prosecutor - Judicial review - Held, jurisdiction of Apex Court to examine correctness and sustainability of order passed u/s.24(8) Cr.P.C. by way of juridical review, cannot be exercised, as if it were an Appellate Authority/Appellate Court - No interference is possible unless such decision..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204 -- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Magistrate reviewed his own order and cancelled the order vide which the truck was ordered to be released on Superdari - Held, Magistrate is not competent to review his own order...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Power of appellate Court is in no way circumscribed by any limitation and that power is exercisable by the Appellate Court to comprehensively review the entire evidence...........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Proviso to R.3 of O.23 is wider in its import and application, than review U.O.47 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 137 -- Proviso under R.3 of O.23 cannot be one conferring powers merely of review and hence would be regulated by Art.137 of Limitation Act...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted for offence u/ss 294, 324 and 506-B IPC - Extension of time in depositing fine - Jail sentence awarded to petitioner was reduced to period already undergone by him and fine amount was enhanced - Petitioner was granted 2 months time for depositing fine amount - There is no clerical or..........
Prevention of Corruption Act, 1988, Section 19, 13(1), 13(2), Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Declined on three occasions - Subsequently sanction to prosecute granted by Director, Department of Local Govt. Punjab, who was not even the appointing authority and there was..........
