Service -- Compulsory retirement - In pursuance of a rule/regulation - Formation of a bona fide opinion that continuation of the employee in service will not benefit the institution or be in the interest of the institution (or will not be in public interest where the employee is a government servant), on review of the performance/service record of the employee, on the..........
Electricity Act, 2003, Section 178, 111, Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 -- Challenging validity of Regulations, 2006 - Jurisdiction of Appellate Electricity Tribunal - Appellate Tribunal does not have jurisdiction to decide on validity of regulations framed by the CERC, which enjoys power to fix a cap on trading..........
Criminal Procedure Code, 1973, Section 156(3), 397, 362 -- High Court in a revision remitted the matter for decision afresh in accordance with observations made - Proposed accused seeking modification of the order as the same was passed without a hearing given to him - Held, Court which signed its judgment or final order disposing of the case is not empowered to alter or..........
Criminal Procedure Code, 1973, Section 362 -- Alteration or review of judgment - Court after passing the judgment or final order is not empowered to alter or review the same except to correct a clerical or arithmetical error...........
Judicial Review -- If a hearing is to be preponed, it should be done with notice to all concerned - If it is not so done, then appellant cannot be presumed to have knowledge of the preponement...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Powers of appellate Court - Appellate Court`s power of reviewing evidence is wide and can re-appreciate entire evidence on record and can also review trial Court`s conclusion with respect to both facts and law...........
Criminal Procedure Code, 1973, Section 362, 482 -- Bar of review u/s 362 of the Code - Petition filed u/s 362 Cr.P.C. for review of order and to quash the proceedings in the trial - Held, restriction against the use of review power or reviewing judgments or altering as embodied u/s 362 of the Code is applicable not only to Courts subordinate to the High Court but to the..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Industrial dispute - Facts are to be pleaded and proved before Labour Courts/Tribunals u/art. 226 of Constitution while exercising jurisdiction of judicial review has to examine whether based on facts pleaded by parties, documents produced on record and evidence proved in support of their respective stands,..........
Prevention of Corruption Act, 1988, Section 19, 13(2), 7, 88, Criminal Procedure Code, 1973, Section 197 -- Corruption case against public servant - Department conducted enquiry and found it a false case - Sanction for prosecution refused by the competent authority - Subsequently competent authority reviewed its order and granted sanction - Held, once sanction for..........
Practice and Procedure -- Criminal Jurisprudence - Order of Magistrate - Review thereof - Held, Magistrate has no jurisdiction and powers under the Code of Criminal Procedure to review his earlier orders passed rightly or wrongly - Criminal jurisprudence prohibits interference of any order which may have been even passed at an interlocutory stage - It is open to party, who..........
