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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Punjab Land Revenue Rules, 1908, Rule 15-- Appointment of Lambardar - Objection as to availability of candidate - Judicial review - Respondent No. 6 is a teacher in a Government school - His service requires his presence in school during school hours - If he performs duties of a Lambardar, he will have to remain absent from school thereby..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Proceedings for review are not by way of an appeal and have to be strictly confined to the scope and ambit of O.47.R.1 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Constitution of India, 1950, Article 72, 161, 226, 32-- Mercy petition - Decision of President/Governor - Judicial review - Held, while examining challenge to decision taken by President u/Art.72 or Governor u/Art.161 of the Constitution, Court's power of judicial review of such decision is very limited - Court can neither sit in appeal nor exercise..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against acquittal - Power of appellate Court is in no way circumscribed by any limitation and that power is exercisable by the Appellate Court to comprehensively review the entire evidence...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 136-- Special leave petition - Maintainability - Appellant withdrew Special Leave to Appeal against order of High Court with permission to pursue his remedy by way of review - He had not taken the liberty to challenge said order afresh by way of special leave in case he did not get relief in review..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Suit u,s 6 of Specific Relief Act - The only question that has to be determined is whether plaintiff was in possession of the disputed property and he had been illegally dispossessed therefrom on any date within six months prior to the fling of the suit - Proceeding u/s 6 of the Act is summary in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Held, it is settled law that any acquittal order cannot be lightly interfered with by appellate Court, though it has wide powers to review evidence and to come to its own conclusion - Power to grant leave must be exercised with care and caution because presumption of..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Power of Appellate Court - Held, Appellate Court do have power to review, or re-appreciate, and reconsider the evidence upon which an order of acquittal is founded - The Code has not put any limitation, restriction or condition on exercise of appellate power of Court and..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - An order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law - In any case, while exercising the power of review, the court/tribunal concerned cannot..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136-- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to appeal is granted and..........

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