Showing : 1211-1220 of 1839 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Capital of Punjab (Development and Regulation) Act, 1952, Section 10(3)-- Revision against order passed by Estate Officer determining premium/re-transfer charges under Rule 11-D(3) - Maintainable - Once Act and Rules specifically vest revisional powers in Chief Administrator, they cannot be taken away by giving a restricted interpretation to expression `final' in Rule..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Chandigarh (Sale of Sites and Building) Rules, 1960, Rule 11D-- Pari materia to Rule 21-A - Statutory powers vested in Estate Officer - Not purely administrative power - Order has serious consequences - Division Bench judgment in Smt. Maya Devi's case 2001 (1) PLJ 172 Relied on - Revision competent under Section 10(3) read with Rule 17 against order passed by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227-- Application declining to appoint Arbitrator - Revision against - Not maintainable - However, revision treated to be one under Art. 227 Constitution of India as trial Court had not dealt the various pleas raised by the petitioner and the provisions of the Act also not taken into consideration by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227-- Interim injunction - Granted by trial Court - Order reversed by Ist Appellate Court - Revision against - Not maintainable - However, revision treated to be a petition under Article 227 of the Constitution of India...........
FINANCIAL COMMISSIONER HARYANA
Year of decision: 2003
Details
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b)-- Original order of surplus passed in 1961 and against allotment appeal and revision finally decided by Financial Commissioner - Recourse to Civil Court litigation - Cannot come to rescue of landowner to recover surplus land - Jurisdiction of Civil Court - Stands barred - Civil Procedure Code,..........
FINANCIAL COMMISSIONER PUNJAB
Year of decision: 2003
Details
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121-- Revision in partition case - Compromise deed filed - Counsel for both parties gave undertaking in writing that revision be decided in accordance with compromise deed - Revision disposed of accordingly...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115(1)-- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Constitution of India, 1950, Article 227-- Power of superintendence conferred on High Court - Administrative as well as judicial - Capable of being invoked at the instance of any person aggrieved - May even be exercised suo motu - Paramount consideration - Paving the path of justice and removing any obstacles therein - Power under Article..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As Amended - Amendment of S.115 - Impact on power of High Court under Articles 226 and 227 Constitution of India - Interlocutory orders passed by Courts subordinate to the High Court - Remedy of revision against such orders excluded by amendment in CPC - However, such orders are open to challenge..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Constitution of India, 1950, Article 226, 227-- Power to issue writ of certiorari and supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where judicial conscience of High Court dictates it to act lest a gross failure of justice or grave injustice should occasion - Care, caution and circumspection need to be..........

Showing : 1211-1220 of 1839 Results