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Showing : 11-20 of 1016 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Service -- Disciplinary proceedings - Judicial review - Test is whether findings are based on some evidence - High Court may interfere only in a case where there is no evidence to sustain the charge of misconduct...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 32 -- MLAs - Disqualification - Fundamental rights - Violation thereof - Speaker while exercising power to disqualify is Tribunal acting as quasi judicial authority - Validity of such order is subject to judicial review - No bar for Court to adjudicate issue under writ jurisdiction...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Satisfaction of Speaker - Subject to judicial review...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Service -- Compulsory retirement - Judicial review - Scope of judicial review of an order of compulsory retirement based on subjective satisfaction of employer is extremely narrow and restricted - Only if it is found to be based on arbitrary or capricious grounds, vitiated by malafides, overlooks relevant materials, could there be limited scope for interference...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Service -- Compulsory retirement - Judicial review - Scope of - Court in judicial review, cannot sit in judgment over same as an Appellate Authority - Principles of natural justice have no application in a case of compulsory retirement...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 4 -- Eviction - Judicial review - Order passed by Collector u/s 4 of the Act is appealable before Commissioner and tenant if still aggrieved can invoke writ jurisdiction of High Court - Power of judicial review is always available and can be exercised by High Court when required and..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Power of judicial review - NCLT being a creature of a special statute to discharge certain specific functions, cannot be elevated to the status of a superior Court having the power of judicial review over administrative action...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Insolvency and Bankruptcy Code, 2016, Section 30, 31, 61 -- Judicial Review - Resolution plan approved by CoC - Limited judicial review available, which can in no circumstance trespass upon a business decision of majority of CoC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Insolvency and Bankruptcy Code, 2016, Section 30(5), 30(2), 31(1), 60(5) -- Judicial Review - Residual jurisdiction of NCLT u/S.60(5)(c) cannot, in any manner, whittle down S.31(1) of Code, by investment of some discretionary or equity jurisdiction in Adjudicating Authority outside S.30(2) of Code, when it comes to resolution plan being adjudicated upon by Adjudicating..........

Showing : 11-20 of 1016 Results