Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has full power to review the evidence upon which the order of acquittal is founded - Appellate Court on the basis of evidence before it may reach its own conclusions both on questions of fact and of law - If findings of trial Court are palpably wrong, manifestly erroneous or..........
Criminal Procedure Code, 1973, Section 362, 482 -- High Court directed registration of case - Application filed for review of order - There was no change in circumstances - Application dismissed - Held: (a) High Court cannot withdraw the order in exercise of inherent powers u/s 482 of the Code; (b) High Court can review the order if there was change in circumstances...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Jurisdiction of appellate Court - High Court has full power to reappreciate, review and reconsider the evidence at large, the material on which the order of acquittal is founded and to reach its own conclusions on such evidence - Both questions of fact and of law are open to determination by the High..........
Civil Procedure Code, 1908, Order 47, Rule 9 -- Second review - Order earlier reviewed and become final - Second review is without jurisdiction...........
Constitution of India, 1950, Article 226 -- Departmental proceedings - Punishment - Quantum of punishment - Judicial review - Recovery of loss - Apart from petitioner there were four other members of the Committee constituted for purchase of papers - Recovery of whole loss from petitioner - The punishment imposed upon the petitioner was extremely disproportionate to the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Both questions of fact and of law are open to determination by High Court in an appeal against acquittal - High Court can reappreciate, review and reconsider the evidence...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - (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..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Constitution of India, 1950, Article 136 -- Appellants convicted u/s 149/302 IPC by trial Court - Conviction confirmed by High Court - Held, no error has been committed by trial Court or High Court in recording conviction - Supreme Court while exercising power under Art.136 of the Constitution Court does not..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- A petition to review an order in execution is maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no embargo on the appellate Court to review, reappreciate or reconsider the evidence upon which the order of acquittal is found - If two views are possible on the evidence adduced in the case and the one favourable to the accused has been taken by the trial Court, it should not be disturbed -..........
