Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order to shift brick kilns to selected land - Review sought on ground that selected land is not useful for brick kilns - Before order all relevant facts, considered - No apparent error in order - Review petition dismissed...........
Constitution of India, 1950, Article 72, 161 -- Judicial Review - Order under Article 72 / 161 is open to judicial review in case it is wholly irrelevant, irrational, discriminatory or malafide - Court cannot go into the merits of grounds which persuaded the Governor in taking a decision in exercise of his powers - Governor shall not be deprived of an opportunity to..........
Civil Procedure Code, 1908, Section 114 -- Review - Recall of revisional order of High Court - Permissibility - Ground that Judge hearing revisio, petition was counsel for opposite party in earlier litigation between same parties regarding same property - Long period of more than eight years had elapsed from date of earlier litigation - Judge not expected to have..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Government Contract - Judicial review - Permissibility of - It is for the authority to set the terms of the tender - The court cannot say that the terms of earlier tender notice would serve the purpose sought to be achieved better than the terms of the tender notice under consideration unless it is shown to be..........
Constitution of India, 1950, Article 226 -- Departmental proceedings - Writ jurisdiction - Judicial review - In departmental proceedings, the disciplinary authority is the sole judge of facts - In case an appeal is presented to the appellate authority, the appellate authority has also the power and jurisdiction to re-appreciate the evidence and come to its own conclusion,..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a criminal case - Review - Trial transferred from jurisdiction of Madras High Court to jurisdiction of Karnataka High Court - Apprehension by applicant regarding his security - Apprehensions with regard to the Cauvery Water dispute, forest brigand Veerappan, have got nothing to do with the judicial function of the..........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Permissibility - Application for recall of order passed in writ petition - Earlier petition for review of same order passed in the writ petition was dismissed without condoning delay - Special Leave Petition against order dismissing review petition was filed before Supreme Court - Dismissal of Special Leave..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 11 -- Power of Govt. is of supervisory in nature - The Govt. in exercise of the power u/s 11 does not consider the question of sufficiency or adequacy of the grounds but it would only see whether the detention order is within the parameters of the power conferred under the statute -..........
Seniority -- Rule of audi alterm partem - Revision of date of promotion - On basis of judgment of Court assuming that the Court had adversely commented upon his promotion - Before revising the dates of the petitioner's promotion the competent authority did not give him any notice and opportunity of hearing - Court had consciously adjudicated on the legality only qua the..........
Review -- Ex parte order - On merits - Fora under the CP Act have no power to review its own final reasoned order even though ex parte - The only remedy is appeal against the said order...........
