Constitution of India, 1950, Article 226 -- Judicial review - `Perverse order - Words and phrases - Perverse would mean an improper or contradictory decision not supported by any evidence...........
Constitution of India, 1950, Article 226 -- Judicial review - Irrational order - Words and phrases - `Irrational' would be one which no sensible person properly advised on the facts would reasonably arrive at...........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Haryana Government Instructions No. 2262-AR(L.A.)(1)-78/13643 dated 15.5.1978 - Allotment Authority cannot review its own order - Cancellation of allotment by Allotment Authority - Illegal ab initio...........
Civil Procedure Code, 1908, Section 122 -- Civil Rules of Practice, R.54 - Payment of witness Bata - Rules made much earlier - Not relevant to present time realities - Far from satisfactory - Requires a thorough review - Rule should include travel expenses, food expenses and stay expenses - Should insist advance deposit of witness Bata to enable immediate payment to..........
Judicial review -- Judiciary - Sphere of operation - Judiciary must exercise self restraint and eschew the temptation to act as a super legislature or a Court of Appeal sitting over the Laws made by the Legislature or as a third house of Parliament - However, if a law clearly violates some provision of the Constitution or is beyond its legislative competence it will be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review is limited - Mere fact that another view is possible having regard to the material on record is not a ground for review - Error apparent on the face of record can only be corrected in review - Matter cannot be reargued on merits and another order cannot be substituted in place of the order passed..........
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 10(1) -- Industrial - Reference - Writ jurisdiction - Maintainability - An order to refer or not to refer a dispute for adjudication though an administrative decision yet subject to judicial review of the High Court under Article 226 of the Constitution of India - Judicial review of the..........
Advocates Act, 1961, Section 48AA -- Review - Limitation - Starts from the date of communication or knowledge of the order to the review petitioner...........
Punjab Land Revenue Act, 1887, Section 15 -- Ex parte orders obtained by playing fraud - Summons issued not served upon concerned party - Wrong report regarding service of summons obtained in connivance with lower revenue staff - Order set aside on review...........
Punjab Tenancy Act, 1887, Section 82, Civil Procedure Code, 1908, Order 47, Rule 1 -- Review on the basis of report called for after passing of order - Correction carried out on its basis while reviewing earlier order - Upheld...........
