Civil Procedure Code, 1908, Section 114, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 5(c)(ii) -- Review - In second appeal the court did not taken into consideration the arguments raised that portion of land was `chakout' and therefore was not part of consolidation scheme - High Court justified in reconsidering the matter in Review Petition...........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Maintainability - Previous Special Leave Petition was withdrawn with liberty to file review application - Review application dismissed - Fresh Special Leave Petition challenging main order is maintainable after dismissal of review application, particularly when leave to file appeal was granted modifying..........
Constitution of India, 1950, Article 32 -- Public Interest Litigation (PIL) - Scope - Seeking direction to incorporate complete history and teachings of Sikh Gurus along with Guru Granth Saheb in syllabus of all classes in history books for teaching - Does not come within the domain and sphere of PIL, as what should be taught in schools or what should be included in..........
Civil Procedure Code, 1908, Section 35A, Order 47, Rule 1 -- Costs - Unjust enrichment - Review petition - Petitioner reaped certain undue benefits by keeping the litigation alive which needs to be neutralized - Review petition dismissed with costs of Rs.50,000/-...........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - No error apparent on the face of record - Grounds urged by petitioner are the grounds for making an appeal and not for review - Review petition dismissed...........
Constitution of India, 1950, Article 226 -- Writ - Rule of exclusion of writ jurisdiction due to availability of an alternative remedy is a rule of discretion and not one of compulsion - Court may still exercise its discretionary jurisdiction of judicial review in at least three contingencies namely (i) where writ petition seeks enforcement of any of fundamental rights..........
Criminal Procedure Code, 1973, Section 362 -- Review - Delay of 358 days in filing review petition - Condonation of delay - No satisfactory explanation for condonation of such huge delay - Though petitions are liable to be dismissed on the ground of delay itself, yet after going into petitions of review, there is no error apparent on the face of record of case, warranting..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing review petition - Delay occurred due to prosecution of special leave petition before Supreme Court in the earlier round of litigation - Delay condoned...........
Constitution of India, 1950, Article 226 -- Spectrum auction - Judicial review - Principle of judicial review cannot be denied so far as exercise of contractual powers of government bodies are concerned as it intend to prevent arbitrariness or favouritism and it is exercised in larger public interest or if it is brought to notice of Court that in matter of award of..........
