Criminal trial -- Jurisdiction of trial Court in case of remand - Trial Court cannot enlarge its jurisdiction by allowing parties to reopen the matter which are not remanded to it...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - S.24 of the Act applies to a proceeding pending on date of enforcement of 2013 Act - It does not revive stale and time barred claims and does not reopen concluded proceedings nor allow landowners to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In the garb of review, fresh substantial question of law cannot be considered and a party cannot be permitted to reopen the matter and to gain a full-fledged innings for making fresh submission and substitution of earlier orders...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Caste certificate -- Cancellation of - Validity - District Level Vigilance Committee on an inquiry upheld the community certificate in favour of appellant in the year 1999, not challenged in any forum and as such order became final - State Level Scrutiny Committee did not have power to reopen the matter relating to caste certificate that was approved by District Vigilance..........
Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
