No power to review its own orders is given to Courts under the Cr.P.C. All orders regarding the disposal of property, except ex parte orders are final. 1976 P.Cr. LJ 747 Fazal Hussain.
Review cannot be made a pretext for rearguing the whole case. See below.
Decision based on erroneous assumption of fact is liable to be reviewed infra.
Review not as of right. Review cannot be sought as a matter of right. It can be refused even though ground for such action exists, infra.
Review refused when dismissal justified on the basis of other reasoning also and alleged ground of dismissal of appeal not the only ground. (SC) 1975 SCMR 473 Muhammad Zafarullah Khan v. Muhammad Khan etc. PLD 1975 SC 300; PLJ 1975 SC 246.
Bail cancelled without hearing the accused. Order passed u/S. 497 (5), Cr.P.C. is not a judgment. Case reviewed u/S. 561-A, Cr. P.C. and the order cancelling bail recalled. 1975 P. Cr. LJ 471 Ijaz Qadeer.
Bail order is not judgment under section 369, Cr. P.C. therefore bail granted by High Court can be cancelled on the same material by High Court without there being any fresh ground. (SC) PLJ 1977 SC 466 Amir-ud-Din. PLD 1977 SC 602.
No review or restoration of application dismissed in default when opportunity of hearing not availed of by absence. PLJ 1974 Cr.C. (Kar.) 535 Soomar.
Review is not admissible in criminal proceedings. (SC) 1971 SCMR 513 Rehmat Ali.
Review. High Court cannot review its own order passed in criminal jurisdiction. (SC) 1971 SCMR 789 Muhammad Khan v. Muhammad Aslam etc. PLD 1961 Lah. 333; 1968 P. Cr. LJ 1818; PLD 1962 Kar. 282.
Review of previous order by Criminal Courts is not competent. (DB) PLD 1965 Lah. 570 Abdul Halim v. Raja Qurban Hussain. ILR 25 Lah. 540.
Order of High Court can be reviewed when it does not fall within the definition of judgment u/S. 369, Cr.P.C. An earlier order cannot be reviewed or recalled unless without jurisdiction or in violation of mandatory provision of law against principles of natural justice. Order reviewed when principle of law not considered earlier. 1977 P. Cr. LJ 546 Qaim Din etc.
Review by High Court of its own orders. There has never been an inherent power in the High Court to alter or review its own judgment once it has been pronounced or signed except in cases where it was passed without jurisdiction in default of appearance and without adjudication on merits.(Obiter).(DB) AIR 1928 Lah. 462 Raju, etc. v. Emperor.
Review in criminal cases is not competent. PLD 1989 Kar. 115 Darya Khan.
Review: High Court can review interlocutory orders. Section 369, Cr. P.C. covers only judgments and final orders. PLD 1967 Lah. 833 Muhammad Rafiq.
Federal Shariat Court has no power of review except in case of clerical error. PLD 1991 FSC 135. State v. Ghulam Abbas etc.
Review allowed when an order is passed by the High Court without jurisdiction and without giving an opportunity of hearing to the parties, the party not being served. Such conviction wrongly recorded and can be modified under section 561-A, Cr. P.C. (DB) 1972 P. Cr. LJ 107 State v. Muhammad Hussain (PLD 1970 SC 335 ref). PLJ 1973 Kar. 189; PLD 1974 Kar. 22 Muhammad Hanif.
Review competent. An order passed under section 421, Cr.P.C. dismissing an appeal filed under section 419, Cr.P.C. is prima facie final where it is proved that either of the conditions precedent has not been complied with, the High Court has power to interfere under section 561-A, Cr.P.C. and in such a case it is immaterial whether the Bench which is called upon to interfere is composed of the same or different Judges. (FB) 36 Cr.LJ 831 Shahu.
Accused not heard. Previous order enhancing sentence in criminal revision under section 433, Cr.P.C. which was decided without hearing the convict recalled when revisional against conviction was heard and the accused acquitted. Section 369, Cr.P.C. is no bar in such cases. PLD 1974 Kar. 22 Muhammad Hanif.
Revision petition dismissed in default of appearance can be restored u/S. 561-A but such powers are to be invoked sparingly in deserving cases. PLD 1976 Kar. 1184 Abdullah v. Din Muhammad. PLJ 1976 Kar. 424.
Orders and decisions of High Court which are not judgments within the meaning of section 369, Cr.P.C. are reviewable only in rare and exceptional cases. Jurisdiction under section 561-A, Cr.P.C. exercisable only when order passed in violation of mandatory provisions of law. Order passed in default is not equivalent of denial of opportunity of being heard when the other party had notice. PLJ 1974 Cr.C. (Kar.) 535 Soomar. PLD 1975 Kar. 80.
Review: Question of sentence is not open in review. PLD 1979 SC 741 Z.A. Bhutto.
Review not for reopening the case, decided by majority. No re-appraisal of evidence. 1979 SCMR 43 Ghulam Sarwar.
Reviews: Simply on ground of three out of seven judges constituting bench having taken a different view on same facts is not competent. PLD 1979 SC 741 Z.A.Bhutto.
Review: Contrary view of Supreme Court about sanction. Review petition ordered to be heard alongwith other similar appeals. (SC) 1977 SCMR 482 Muhammad Abbas.
Review: Point not argued or highlighted by the counsel is no ground for review. PLJ 1982 SC 11 Khush Dil Khan.
Review, no error apparent on the fact of the record in criminal appeal Judgment. Review petition dismissed. 1979 SCMR 11 Ehsan Elahi.
Review to Supreme Court entertained on the ground when case was heard by four Judges but opinion was given only by three Judges. Re-hearig ordered. 1981 SCMR 1089. Muhammad Afzal.
Review, where Judges of Supreme Court equally divided in their opinion. Case referred to a larger bench with odd number of Judges. PLD 1981 SC 325. Amin Ullah.
Compromise between parties is no ground for review of sentence by Supreme Court. Convict may apply to the Government for reduction of sentence. 1981 SCMR 1072. Karam Khan.