Civil Procedure Code, 1908, Order 47, Rule 1 -- Review application filed by - a different counsel who had not argued the case when earlier order passed - Objection to its maintainability - Ground of review that apparent mistake in earlier order - Such review application cannot be dismissed being not maintainable on the ground that it has been filed by a different counsel...........
Punjab Tenancy Act, 1887, Section 82, Civil Procedure Code, 1908, Order 47, Rule 1 -- Power of review - Inherent in every Court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it - To be exercised in definitive limits - Power of review may be exercised on discovery of new and important matter on evidence which,..........
Appeal -- Right of appeal is only by statute - A substantive right - Appeal essentially continuation of original proceedings - Provisions applied at the time of institution of suit are to be operative even in respect of appeals - A vested right in the litigant to avail the remedy of appeal - Right of appeal where it exists is a matter of substance and not of procedure -..........
Constitution of India, 1950, Article 226 -- Annual confidential report - Adverse remarks - Appointment at the Board level in Public Sector Undertaking - Non extension of tenure - Plea of malice supported by external evidence not accepted by the High Court - Held that High Court lacking expertise to decide, whether on material on record contained in representations of the..........
Insurance Act, 1938, Section 64UB -- Indian Motor Tariff, General Regulation 10 - Insurance policy - Transfer of Automatic to new owner/purchaser of second hand vehicle - Insurance claim - Repudiation - Ground that insured transferred the vehicle to another person and thus there was no insurable interest as, no information was given to the insurance company for transfer of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Insufficiently stamped and unregistered partition deed admitted in evidence for collateral purpose by Court without deciding he objection raised by other side - It is a mistake on the part of Court which is apparent on the face of record - Application for review is maintainable...........
Constitution of India, 1950, Article 226 -- High Court while exercising jurisdiction under Art.226 does not act as an appellate authority - Its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice - Judicial review is not akin to adjudication of..........
Motor Vehicles Act, 1988, Section 149(2), 137, Constitution of India, 1950, Article 227 -- Motor accident - Claim petition - Writ petition against order of compensation - Insurer's right to appeal is limited only to a few grounds under the statute and the same cannot be enlarged in exercise of jurisdiction under Art.227 - High Court does not act as an Appellate Court or..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power can be exercised when there is error apparent on the face of record - An error which is not self evident and has to be detected by a process of reasoning cannot be said to be an error apparent on the face of record justifying Court to exercise its power of review - If there is a clear distinction between an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application can be filed only by a party to the lis - Review application is not maintainable at the instance of a third party...........
