Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
The SC allowed the appeal and set aside the impugned order dated 05.05.2021. The Court held that criminal courts are functus officio once a judgment or final order is signed and Section 362 CrPC bars alteration or review thereof except to correct clerical or arithmetical errors or where another statute expressly permits. A review petition filed under Order XLVII CPC in proceedings initiated under the CrPC was held not maintainable; the High Court lacked jurisdiction to entertain such review. The attempted recall/review did not qualify as permissible "procedural review" nor raised any fresh, unheard matter, and thus the challenged High Court order was quashed.
The SC allowed the appeal and set aside the impugned order dated 05.05.2021. The Court held that criminal courts are functus officio once a judgment or final order is signed and Section 362 CrPC bars alteration or review thereof except to correct clerical or arithmetical errors or where another statute expressly permits. A review petition filed under Order XLVII CPC in proceedings initiated under the CrPC was held not maintainable; the High Court lacked jurisdiction to entertain such review. The attempted recall/review did not qualify as permissible "procedural review" nor raised any fresh, unheard matter, and thus the challenged High Court order was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
