Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Public servant - Sanction for prosecution - Refused - Permission granted after six years - No fresh material collected nor brought on record - Order sanctioning prosecution based on same material which was available when it was refused - Review on same material is not legally permissible -..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Erroneous decision - Cannot be reheard and corrected U.O.47.R.1 CPC...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled law that any acquittal order cannot be lightly interfered with by appellate Court, though it has wide powers to review evidence and to come to its own conclusion - Power to grant leave must be exercised with care and caution because presumption of innocence is further strengthened..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review jurisdiction - Exercise of - Held, a party is not entitled to seek a review of a judgment merely for the purpose of a rehearing and a fresh decision of the case - Power of review can be exercised on application of a person, on discovery of new and important matter or evidence which after exercise of due..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - Held, Appellate Court do have power to review, or re-appreciate, and reconsider the evidence upon which an order of acquittal is founded - The Code has not put any limitation, restriction or condition on exercise of appellate power of Court and appellate court is free to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is a creature of the statute and no Court or quasi-judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new and important matter - Where a review is sought on the ground of discovery of new matter or evidence, such matter or evidence must be relevant and must be of such a character that if the same had been produced, it might have altered the judgment - In addition to this it has also to be shown that..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Mistake or error apparent - By its very connotation signifies an error which is evident per se from the record of the case and does not require detailed examination, scrutiny and elucidation either of the facts or the legal position - If an error is not self-evident and detection thereof requires long debate and..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law - In any case, while exercising the power of review, the court/tribunal concerned cannot sit in appeal over its..........
Constitution of India, 1950, Article 137 -- Review by Supreme Court - Article 137 empowers Supreme Court to review its judgments subject to the provisions of any law made by Parliament or any rules made under Article 145 of the Constitution - The Rules framed by Supreme Court under that Article lay down that in civil cases, review lies on any of the grounds specified in..........
