Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Consumer Protection Act, 2019, Section 3, 5, 10, 18, 19, 20, 21, 22 -- Central Consumer Protection Council and Central Consumer Protection Authority - Judicial review - Council and Authority being statutory authorities having clear purpose and objects and vested with powers and functions must act effectively and in complete coordination to achieve preambular object of..........
Criminal Procedure Code, 1973, Section 362 -- Review - High Court in its first Judgment confirmed conviction u/s 302 IPC - However, High Court in the correction application modified the first judgment and came to a finding that incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from S.302 IPC..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction u/art 136 of Constitution, cannot be assailed directly or collaterally u/art 32 of Constitution - Remedy of an aggrieved litigant is to file review - If grievance persists even..........
Legal Services Authorities Act, 1987, Section 22D -- Permanent Lok Adalat - Review - Tribunal's power of recall does not equate to rehearing for errors in judgment or a relitigation of merits but allows for correction of procedural errors, such as failure to serve necessary parties or instances of fraud - Review on merits require specific statutory permission, while..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Criminal Procedure Code, 1973, Section 362 -- Review - Criminal Court does not have power to review its own orders...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Judicial review - Order of Detaining authority is not wholly immune from the judicial review ability - The court must apply its mind as to whether the Detaining Authority has scrupulously followed the procedure - Further, any infraction or procedural lapse..........
