Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Non-disclosure or suppression of material facts would be covered by `any other sufficient cause' used in O.47.R.1 CPC, which furnishes a ground for review and is wide enough to include such a cause...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Court can exercise its power to review only when there is an error apparent on the face of record - An error which is to be fished out by a process of reasoning cannot be said to be an error apparent on the face of record - Reviewing Court has no power to review the judgment where error in the judgment is to be..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review is only to rectify factual or legal error which is apparent on the face of record - Any other aspect which touches the merits of case and would require to re-open the issue again in order to ascertain the factual contentions is completely beyond the scope of review...........
Insolvency and Bankruptcy Code, 2016, Section 30(4), 61 -- Submission of resolution plan - Appeal by dissenting financial creditor - Once it is found that all mandatory requirements have been duly complied with and taken care of, process of judicial review cannot be stretched to carry out quantitative analysis qua a particular creditor or any stakeholder who may carry his..........
Supreme Court Rules, 2013, Order 47 -- Review - Dispute relates to information to be provided by RBI under RTI Act - No effort was made by any of applicants in Misc. applications to get themselves impleaded - Present applications styled as recall are essentially applications for review - Wrong nomenclature given to an application is absolutely of no consequence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Court would refer the matter when contentions relating to non-arbitrability are plainly arguable or when facts are contested - Court cannot at this stage, enter into a mini trial or elaborate review of facts and law which would usurp jurisdiction of arbitral tribunal...........
