Constitution of India, 1950, Article 14, 226 -- Action of a public body even if it pertains to contractual field - Open to judicial review - State action not informed by reason - Cannot be protected - Every State action in order to survive - Must not be susceptible to vice of arbitrariness - Imperative that all actions of every public functionary in whatever sphere - Must..........
Constitution of India, 1950, Article 226 -- Judicial review - While exercising powers of judicial review - Court can look into reasons given by Government in support of its action - Cannot substitute its own reasons - Court more concerned with decision making process than the decision itself...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be permitted even if, there is a remedy by way of appeal or even where there is no appeal - Existence of remedy in revision also can be included within the clause where no appeal is allowed - Existence of remedy by way of revision cannot stand in the way of entertaining the application for review provided..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Grounds for - (i) on discovery of new and important matter or evidence which after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed, or (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only if there is error apparent on the face of record - Where error which is not self-evident and has to be detected by a process of reasoning, review is not permissible - An erroneous decision is not permissible to be reheard and corrected...........
Haryana Ceiling on Lands Holdings Act, 1972 -- Review - No provision in the Act - Civil Procedure Code, Order 47 Rule 1 and Section 114...........
Punjab Land Revenue Act, 1887, Section 15 -- Review on the ground that order passed behind the back - Order passed in order to facilitate justice - Review declined...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error apparent on face of record - Summary suit - Exparte decree - Setting aside - Court proceeded on basis that defendant has shown sufficient cause or such sufficient cause can be accepted by imposing costs - But Court should have applied principle of `special circumstances' - It is an error apparent on the face of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - If an order was challenged in appeal, it merges in the appellate order - The original Court cannot review the same...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Ground that judgment sought to be reviewed was overruled subsequently in another case - Not a tenable ground - Review petition dismissed...........
