Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319(1) Cr.P.C can be exercised at any stage after the charge-sheet is filed and before pronouncement of judgment, except during the stage of Ss.207, 208 Cr.P.C, committal, etc. which is only a pretrial stage intended to put the process into motion...........
Practice and procedure -- Res judicata and doctrine of finality - Letters Patent Appeal which is in continuation of a writ petition cannot be filed collaterally to set aside judgment of same High Court rendered in an earlier round of litigation ignoring principles of res judicata and doctrine of finality...........
Criminal Procedure Code, 1973, Section 362 -- Modification of judgment - There is no specific direction to pass any particular order and the matter has been left to discretion of authorities who are supposed to go into the details, both on factual and legal aspects and then pass a reasoned order - No occasion to modify judgment and order...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petition by husband for restitution of conjugal rights - Admission by wife in cross examination that she is willing to pass her remaining matrimonial life with husband - Suit decreed on basis of admission by wife...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Financial debt - Final judgment and/or decree of any Court or Tribunal or any Arbitral award for payment of money, if not satisfied would fall within ambit of a financial debt, enabling creditor to initiate proceedings u/s 7 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Judgment and/or decree for money in favour of financial creditor, passed by DRT or any other Tribunal or Court or issuance of a certificate of recovery in favour of financial creditor, would give rise to a fresh cause of action for financial creditor to initiate proceedings u/s 7 of the Act..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Court can exercise its power to review only when there is an error apparent on the face of record - An error which is to be fished out by a process of reasoning cannot be said to be an error apparent on the face of record - Reviewing Court has no power to review the judgment where error in the judgment is to be..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First Appellate Court being final Court of fact must not record mere general expression of concurrence with trial Court judgment, rather it must give reasons for its decision on each point independently to that of trial Court...........
