Doctrine of merger -- Dismissal of review petition - There is no question of merger - Anyone aggrieved by the decree or order has to challenge it within the time stipulated by law provided for original decree and not the order dismissing the review petition...........
Civil Procedure Code, 1908, Order 43, Rule 1A - - Order allowing amendment of plaint - Revision petition filed by tenant assailing order of amendment passed by learned Appellate Authority was declined by this Court and that matter became final as it was not further challenged before Apex Court - Held, same order cannot be re-agitated before this Court in present case as..........
Civil Procedure Code, 1908, Section 141, Order 47, Rule 1, Constitution of India, 1950, Article 226 -- Writ petition - Dismissal of - Review - Writ petition dismissed on the ground that petitioner is not a "person aggrieved" in the subject matter, hence no right to approach this Court by filling a writ petition u/Art.226 of the Constitution of India - Review petition -..........
Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Section , Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Review petition - Order passed by High Court in second appeal - SLP against said order, dismissed as withdrawn by Supreme Court, on request of counsel, without permission or reservation or liberty for taking further action -..........
Civil Procedure Code, 1908, Order 47, Rule 1, 4 -- Review - Appeal against dismissal of review petition - Not maintainable - Appeal against review is maintainable only when review is granted...........
Service -- Disciplinary proceedings - Bank employee - Charge of financial irregularities and of making fraudulent withdrawals deriving pecuniary gain - Charge proved - Order of removal - Reviewing Authority modified the order of punishment and reduced it from removal from service to demotion from the cadre of Junior Management Grade Scale-I to the cadre of clerk with a..........
Plea raised but not dealt with -- A review petition lies in that very Court to point out the error that plea raised is not dealt with at all, one way or the other - From the observations of Court it may be quite possible to infer that Court has impliedly dismissed the plea by a non speaking order yet it is necessary for the Court to expressly state so - Liberty given to..........
Civil Procedure Code, 1908, Section 115 -- Matter heard when counsel for applicant was not present and judgment rendered - Review petition filed for recalling of judgment - Held, review application has been filed on frivolous grounds as neither in petition nor during course of hearing error/mistake in judgment either in law or on facts pointed out - Further held, that no..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Dismissal of SLP - Review petition before High Court thereafter - Maintainability of - Held, petitioner filed SLP challenging the order passed by High Court - Supreme Court dismissed said SLP - Review petition before High court challenging the very same order which was under challenge in SLP - Held, said order..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment of which review sought not suffering from any error apparent warranting its reconsideration - Petitioner has not produced any material to substantiate its assertion that the price mentioned in the sale deed relied upon by the courts was manipulated with an oblique motive - Review petition dismissed...........
