Day: August 11, 2018

Only High Court can alter or review its judgment before it is signed in criminal matter

Moreover, the prohibition contained in Section 362 Code of criminal Procedure. is absolute; after the judgment is signed, even the High Court in exercise of its inherent power under Section 482 Code of criminal Procedure.


Justice V.S. Dave President vs Kusumjit Sidhu [All SC 2018 April]

the medical reimbursement of a retired Chief Justice and/or a retired judge of a High Court should be reimbursement of all medical expenses including hospital charges which a retired Chief Justice and/or a retired Judge of a High Court may have had to incur in connection with the medical treatment of himself and/or his/her dependent family members. Except for certain inadmissible items of expenditure, on which there can be no dispute, such reimbursement should extend to all items of expenditure including hospital charges.

What would constitute material facts and material particulars

what would constitute ‘material facts’ and ‘material particulars’ and ultimately it is the facts of each case which will be relevant for determination as to whether the election petition was fit to be rejected on the plea of lack of material facts and material particulars or it was fit to be entertained if the same disclosed a cause of action for consideration by the Court.