Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded - Appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law - An appellate court must bear..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Erroneous decision and an error apparent on the face of record - First can be correct by the higher forum while the latter can be corrected by exercise of review jurisdiction - An error which is not self evident and has to be detected by a process of reasoning, is not an error apparent on the face of record...........
Administrative Order -- Review - Annual Confidential report - Adverse remarks - Expunction of on consideration of second representation since the pending departmental enquiry, on the basis which adverse remarks were recorded, was filed by the competent authority as nothing was found against the petitioner - DGP could not review the decision of his predecessor and the same..........
Judicial Review -- Superior courts should not readily accept the charge of `malus animus' laid against the State and its functionaries - Burden to prove `mala fide' is on the person who so alleges - Courts should not draw dubious inferences of `mala fides' or bad faith on the basis of vague and bald allegations or inchoate pleadings - To prove charge of mala fide some..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Petitioner found in possession of some drugs - Plea that drugs do not fall under NDPS Act - Report of Committee constituted by State Government to review the matter stated that provisions of NDPS Act are not attracted but allegations disclosed commission of offence under Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference by appellate court in an order of acquittal - Principles governing are : 1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973 - Its power of reviewing evidence is wide and the appellate court can..........
Consumer Protection Act, 1986, Section 14(2A) -- Judgment - Recall/review - President of the District Forum dismissed the case on 23.2.1994 - The lady member partially allowed the complaint vide her dissent judgment of March 3,1994 - President again concurred without recording anything about the complaint having been dismissed by him on merit - Held that the divided..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - A review application cannot be an appeal in disguise - Court cannot consider the merits of the judgment sought to be reviewed...........
Punjab Civil Services (Premature Retirement) Rules, 1975, Rule 3(1) -- Premature retirement - Entire record up to the date of consideration of the respondent - plaintiff good and very good - Case considered and approved by the competent authority for retaining him in service beyond the age of 55 years on 29.4.1983 - Promoted to the post of Sub - Inspector on 25.10.1983 -..........
Criminal Procedure Code, 1973, Section 433A -- Pre-mature release - Conviction for life imprisonment - Convicted prisoners who have undergone more than 14 years of imprisonment and are still in jail - Every convicted prisoner whether male or female covered by the provisions of S.433A Cr.P.C. shall be eligible to be considered for premature release from the prison..........
