Constitution of India, 1950, Article 13 -- Judicial review - Land acquisition - Benefiting colonizer - Acquisition stands vitiated due to colourable exercise of power by State Government...........
Specific Relief Act, 1963, Section 6 -- Suit u,s 6 of Specific Relief Act - The only question that has to be determined is whether plaintiff was in possession of the disputed property and he had been illegally dispossessed therefrom on any date within six months prior to the fling of the suit - Proceeding u/s 6 of the Act is summary in nature and remedy by way of appeal..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Public servant - Sanction for prosecution - Refused - Permission granted after six years - No fresh material collected nor brought on record - Order sanctioning prosecution based on same material which was available when it was refused - Review on same material is not legally permissible -..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Erroneous decision - Cannot be reheard and corrected U.O.47.R.1 CPC...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled law that any acquittal order cannot be lightly interfered with by appellate Court, though it has wide powers to review evidence and to come to its own conclusion - Power to grant leave must be exercised with care and caution because presumption of innocence is further strengthened..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review jurisdiction - Exercise of - Held, a party is not entitled to seek a review of a judgment merely for the purpose of a rehearing and a fresh decision of the case - Power of review can be exercised on application of a person, on discovery of new and important matter or evidence which after exercise of due..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - Held, Appellate Court do have power to review, or re-appreciate, and reconsider the evidence upon which an order of acquittal is founded - The Code has not put any limitation, restriction or condition on exercise of appellate power of Court and appellate court is free to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is a creature of the statute and no Court or quasi-judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new and important matter - Where a review is sought on the ground of discovery of new matter or evidence, such matter or evidence must be relevant and must be of such a character that if the same had been produced, it might have altered the judgment - In addition to this it has also to be shown that..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Mistake or error apparent - By its very connotation signifies an error which is evident per se from the record of the case and does not require detailed examination, scrutiny and elucidation either of the facts or the legal position - If an error is not self-evident and detection thereof requires long debate and..........