police has power.
pratik
(Querist) 14 August 2010
This query is : Resolved
1) The police has power to alter or modify the charges which has been mentioned under the chargesheet but the altered or modified charges is to be submitted in the court as per which section.
2) Writ is allowed when no other alternative and appeal is available in law or we can say that the staute says that appeal is not allowed in any matter than we can file a writ ONLY IN THE HIGH COURT as per which section the above mentioned matter says ------ Also judge of any level in civil or criminal cases can say that u cannot appeal after the judgment has been given by me.
3) Can one Judge pass the order and another Judge sign the same order any in any matter whether it may be civil or criminal in any court including the Supreme Court Judge. Also if the judge who was hearing the cases suddenly dies than after the next judge is appointed & than the proceedings are to be heard again or we can say that judge can say restart the case or the begining. The second judge appoint can say that the order passed by the first judge should come to a stand still it should be nullify in case or attachement or penalties becasue the case will be reheard.
4) Sales Tax , Income Tax , Excise , customs or any case relating the tax matter if going under the tribunal or high court than it will be a civil cases which section says this.
Pls tell me the above mentioned query with the section or cases laws pls.
Thanks In Advance.
Koumarish Bhattacharya
(Expert) 15 August 2010
1) Section 173(8) Cr.P.C. empowers the police to alter or modify the charges.
2) "The Constitutional Court should insist upon the party to avail the same (alternative relief) instead of invoking the extraordinary writ jurisdiction of the High Court. This does not, however, debar the High Court from granting the appropriate relief to a citizen under peculiar and special facts notwithstanding the existence of alternative efficacious remedy."(State of Himachal Pradesh v. Raja Mahendra Pal, AIR 1999 SC 1786.)
3) Rehearing of the case is the discretionary power of the Court. A Court may re-hear it or may accept the previous hearing as a successor-in office.
4) The respective statutes specify the type of each case.
