Criminal Procedure Code, 1973, Section 31, 362 -- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition u/s 482 r/w S.31 Cr.P.C. with..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Principles governing - (i) There is no limitation on the part of the appellate court to review the evidence upon which the order of acquittal is founded and to come to its own conclusion; (ii) The appellate court can also review the trial court's conclusion with respect to both facts and law; (iii)..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review is permissible if there is mistake or error apparent on the face of record - Error which is not self evident and has to be detected by process of reasoning can hardly be said to be an error apparent on face of record justifying court to exercise its power of review - Power of review is not permissible for an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - In absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification, modification/correction is not permissible...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - After approaching the higher forum - If before making review application superior Court had been moved for getting the self same relief, then application for review is not maintainable for the reason that for the self same relief two parallel proceedings before the two forums cannot be taken...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Review - Witnesses of the petitioner not present despite the fact that petitioner got their bailable warrants issued - Court shut the evidence of the petitioner without recording findings whether bailable warrants were executed or not - If the witnesses had not come present despite service through bailable warrants, then..........
Criminal Procedure Code, 1973, Section 437, 439 -- Review of order of cancellation of bail by Supreme Court - Exemption from arrest also sought - Held, accused ought to have surrendered or taken in custody because of cancellation of bail - Review petition dismissed with direction to CBI to execute order of Court forthwith...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 163(1) -- Application for remission submitted by convict without entering portals of prison even for a day in pursuance to sentence imposed - Application entertained by Govt. without calling for opinion of presiding Judge who confirmed conviction - File circulated to Governor without the..........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
