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IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Court proceedings –  Videography –  Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance  –  Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A)   – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease  – Non-disclosure – Burden of  proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

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NIA S. 138 - Security cheque - Loan - Whether the loan had been discharged and cheque issued as security had not remained live to be established in trial

Review - Court may review its judgment in Criminal proceedings on ground of an error apparent on face of record

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Review – Scope and ambit – Review is not rehearing of the appeal -It has to be shown that there has been a miscarriage of justice

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Scope and ambit of the jurisdiction of Supreme Court Court in hearing review petitions. Article 137 of the Constitution empowers the Supreme Court to review any judgment pronounced by it, subject to the provisions of any law made by Parliament or any rules made under Article 145 of the Constitution of India. Order XLVII, Rule 1 of the Supreme Court Rules, 2013 provides that the Court may review its own judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 and in a criminal proceeding except on the ground of an error apparent on the face of the record. Needless to mention that the Supreme Court Rules, 2013 are framed under Article 145 of the Constitution. Order XLVII, Rule 1 of the Supreme Court Rules, 2013 is materially the same as Order XL, Rule 1 of the Supreme Court Rules, 1966. In P.N. Eswara Iyar v. Registrar, Supreme Court of India, (1980) 4 SCC 680, this Court observed that Order XL, Rule 1 of the Supreme Court Rules, 1966 limits the grounds for review in criminal proceedings to “errors apparent on the face of the record”.

Review is not rehearing of the appeal all over again and to maintain a review petition, it has to be shown that there has been a miscarriage of justice (See: Suthendraraja v. State, (1999) 9 SCC 323). An error which is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record justifying the Court to exercise its power of review (See: Kamlesh Verma v. Mayavati, (2013) 8 SCC 320). An applicant cannot be allowed to reargue the appeal in an application for review on the grounds that were urged at the time of hearing of the appeal. Even if the applicant succeeds in establishing that there may be another view possible on the conviction or sentence of the accused that is not a sufficient ground for review. This Court shall exercise its jurisdiction to review only when a glaring omission or patent mistake has crept in the earlier decision due to judicial fallibility. There has to be an error apparent on the face of the record leading to miscarriage of justice (See: Vikram Singh v. State of Punjab, (2017) 8 SCC 518). Justice Mohan M. Shantanagoudar in Sudam v. State of Maharashtra, (2019) 9 SCC 388 held that review petitioners cannot seek re-appreciation of the evidence on record while hearing review petitions.

Under O. 47, R. 1 of Supreme Court Rules of 2013, Court may review its judgment in criminal proceedings on ground of an error apparent on face of record – Petitioners convicted under Section 302 of IPC and sentenced to death for murder of 8 persons – Plea that while dismissing appeal, court relied upon theft committed by the Petitioners from the house of the deceased, for which charge they had been acquitted by the trial court –  Though such an error appears from the judgment of this Court, it is not an “error apparent on the face of the record” as the impugned judgment of this Court in affirming the death sentence was not rendered on the basis of the said finding.

2021 SCeJ 1266, 2021 PLRonline 17702

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Tags: COI Art. 137, COI Art. 145, CPC O. 40 R. 1, CPC O. 47 R. 1, Review, Supreme Court Rules
Tags: COI Art. 137COI Art. 145CPC O. 40 R. 1CPC O. 47 R. 1ReviewSupreme Court Rules

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