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..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Issuance of process - Recall of order - Whether order for issuance of process in stage of trial can be reviewed or reconsidered by Magistrate? - Held, issuance of process is a preliminary step in stage of trial - Such order is an interlocutory order -..........
Criminal Procedure Code, 1973, Section 362 -- Review of judgment - Permissibility - Held, S.362 of the Code prohibits Court after it has signed its judgment or final order disposing of a case from altering or reviewing the said judgment or order except to correct a clerical or arithmetical error - This prohibition is complete and no criminal Court can review its own..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court refused to grant - However, trial Court directed to release accused on bail if they surrender - Held, what cannot be done directly, cannot be done indirectly - While exercising a statutory power a Court is bound to act within the four corners thereof - The statutory exercise of power stands on a..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - General principles - (1) Appellate court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded; (2) CrPC puts no limitation, restriction or condition on exercise of such power and appellate Court on evidence before it..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - `Sufficient reason' - Wide enough to include a misconception of fact or law by the Court and even the Advocate...........
Criminal Procedure Code, 1973, Section 378,386 -- Appeal against acquittal - Power of Appellate Court - Appellate Court has every power to re-appreciate, review and reconsider evidence before it, as a whole...........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Judicial review - Held, revisional Court can examine correctness of the order framing charge by reference to documents referred to in S.239 and 240 CrPC and that Court could not quash charges on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Civil Procedure Code, 1908, Order 43, Rule 1A - - Order allowing amendment of plaint - Revision petition filed by tenant assailing order of amendment passed by learned Appellate Authority was declined by this Court and that matter became final as it was not further challenged before Apex Court - Held, same order cannot be re-agitated before this Court in present case as..........
