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Showing posts with label revision. Show all posts
Showing posts with label revision. Show all posts
Sunday, 19 May 2024

Supreme Court: Revision against an order u/s 319 CrPC rejecting application for summoning of additional accused is maintainable.

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 In our considered opinion, the complainant ought to have challenged the order before the High Court in revision under Section 397 of Code o...

Allahabad HC: Revisional court can not convert finding of acquittal into conviction

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The scope of criminal revision is very limited as observed by the Hon'ble Apex Court in catena of judgments. Revisional Jurisdiction can...

What are basic principles for exercise of revisional jurisdiction by high court at the instance of a private complainant?

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The High Court was exercising the revisional jurisdiction at the instance of a private complainant and, therefore, it is necessary to notice...

Supreme Court: Criminal revision is not maintainable against order of police custody remand

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Section 167 Cr.P.C. empowers a Judicial Magistrate to authorise the detention of an accused in the custody of police. Section 209 Cr.P.C. co...

Supreme court has disapproved revisional court exercising original powers of trial court

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The High Court has in its revisional jurisdiction appraised the evidence which it could not have done. It is the trial court which has to de...
Saturday, 18 May 2024

Bombay HC: Second revision filed by a party who is aggrieved by order of Session judge in revision is maintainable

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A plain reading and construction of these two provisions shows that the Legislature intended that an aggrieved person choosing the forum bef...

Supreme Court : The court can entertain criminal revision even after death of convicted person

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 It appears to us that though in Pranab Kumar's Case   MANU/SC/0055/1958 : (1959) Supp. 1 S.C.R. 63 this Court was directly concerned wi...

Supreme Court: When the earlier criminal revision has been dismissed as not pressed, the accused can not take another proceeding for the grant of the same relief

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We are of the opinion that when the earlier revision petition filed under Section 397 of the Code had been dismissed as not pressed, the acc...

What procedure Session Judge should follow if petitioner not presses revision application?

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The petitioner prays that your Lordship may be graciously pleased to consider the facts stated in the petition and direct to Sessions Judge ...
Tuesday, 14 May 2024

Supreme Court: Amicus curiae to be provided to the revisionist/appellant accused even if the absence of his counsel is deliberate.

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That question is whether in a criminal case if the counsel for the accused does not appear, for whatever reasons, should the case be decided...

Whether Assistant session judge can decide revision alongwith delay condonation application?

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The expression "in respect of" is of, wider connotation than the word "in". Section 400, therefore, includes within its ...

Whether High court should entertain time barred revision after condonation of delay?

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It, however, appears that the respondents contended that the revision petition was barred by limitation. Even this contention is founded on ...

Orissa HC: Second revision against fresh order passed by lower court after remand by revisional court maintainable.

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It is not understood as to how the Sessions Judge could apply this provision to hold that the revision before the Sessions Judge was barred ...

What is the duty of appellate or revisional court if it is setting aside findings of facts recorded by trial court?

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Learned counsel for the appellant submitted before us, and with justification, that the judgment and order of, the High Court does not discl...
Monday, 13 May 2024

Supreme Court disapproved Exercise of original powers of trial court by revisional court

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The revision power under the code of Criminal procedure cannot be exercised in a routine and casual manner.  While exercising such powers th...

Supreme Court: Revision is not maintainable against orders summoning witnesses adjourning cases, passing orders for bail, calling for reports

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Thus, for instance, orders summoning witnesses adjourning cases, passing orders for bail, calling for reports and such other steps in aid of...

Under which circumstance irregularity in procedure will not amount to failure of justice?

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 What does the expression 'failure of justice' mean? In Shamnsaheb M. Multani v. State of Karnataka   MANU/SC/0047/2001 : (2001) 2 S...

Whether the appellate or revisional court should reverse any finding on account of any irregularity in sanction for prosecution if accused has not raised objection in that respect in the trial court?

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 Sub-section (4) of Section 19 of the PC Act is also important in this context inasmuch as the time lapse in challenging an error, omission ...

What are powers and limitation of revisional court in criminal revision?

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Before examining the merits of the present case, we must advert to the discussion as to the ambit and scope of the power which the courts in...
Monday, 22 April 2024

Bombay HC: FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence

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To equip the revisional court to exercise the discretion in a correct manner, it may be advantageous for the revisional court to ascertain w...