Civil Procedure Code, 1908, Section 47 -- Execution - Jurisdiction of Executing Court - Limited and narrow - Cannot be equated with that of an Appeal or Review...........
Civil Procedure Code, 1908, Order 47, Rule 1, Railway Protection Force Act, 1957, Section 9(i), Railway Protection Force Rules, 1987, Rule 148.1, 148.2, 148.3, 148.4, 153, 156 -- Review of judgment - Order of dismissal from service - Contentions raised by applicant`s counsel found to be misconceived - Also these contentions were raised for first time in review application..........
Criminal Procedure Code, 1973, Section 433(c) -- Pardon power - Judicial review - Granting of pardon is in no sense an overturning of a judgment of conviction - An undue and unjustified exercise of pardon power is to be deplored - Judicial review of the order of President or Governor under Article 72 or Article 161, as the case may be, is available and their orders can be..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has power to review the entire evidence - An order of acquittal will not be interfered with when judgment of trial Court is based on evidence and the view taken is reasonable and plausible and order of trial Court not to be reversed merely because a different view is possible...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of appellate court - Principles governing : (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and..........
Criminal Procedure Code, 1973, Section 401, 482, 362 -- Revision Petition - Prayer for discharge in cheating case was rejected by trial court - Revision thereagainst - Revision petition dismissed for no, appearance of petitioner - Revision petitioner filed restoration application - Application dismissed by holding that such application would amount to review - Held,..........
Bandh/agitation/hartal -- Destruction of property - Preventive action - Guidelines - (I) The organizer shall meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest; (II) All weapons, including knives, lathis and the like shall be prohibited; (III) An undertaking is to be provided by the organizers to ensure a..........
Constitution of India, 1950, Article 226 -- Judicial review - Scope - Power is not intended either to review governance under the rule of law nor do the courts step into the areas exclusively reserved by the supreme lex to other organs of State - While exercising power of judicial review the Court is more concerned with the decision making process than the merit of the..........
Criminal Procedure Code, 1973, Section 107 -- Order passed by Magistrate - Correction thereof - Permissibility of - Held, it is not open to Magistrate to correct illegal/erroneous order - It would amount to review of earlier order impermissible in law...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
