Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court has no jurisdiction to examine validity or to review or hear appeal in respect of orders passed by Assistant Collector as well as by Revenue Council - Objections rightly rejected...........
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, Rule 8 -- Order of suspension from service - Non-reviewing of - Legality - G.O.Ms.No.86, Dt. 08.03.1994, mandates competent authority to undertake review of suspension of employee at end of every six months - After suspension order petitioner/employee was dismissed from service - Said order of..........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - High Court considered the matter at length and held that while interpreting terms of contract, no reasonable person could have arrived at a different conclusion and awards passed by arbitrator suffer from vice of irrationality and perversity - High Court thus, rightly set aside the arbitral..........
Civil Procedure Code, 1908, Section 114 -- Review - Repetition of earlier arguments that have already been addressed is not open to be looked into in a review application...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Civil Procedure Code, 1908, Section 114 -- Review - Decree of divorce - Efforts made for reconciliation but wife expressed her unwillingness to live with husband - Wife remarried after decree of divorce in her favour - Review has lost its efficacy - Review application rejected...........
Service -- Selection process - Judicial review - Scope of judicial review u/art 226 of Constitution in matters concerning evaluation of candidates, particularly for purpose of recruitment to public services is narrow - In absence of any provision for re-evaluation of answer sheets judicial review should be rarely exercised preferably under exceptional circumstances...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
Income Tax Act, 1961, Section 43B(f) -- Constitutional validity of S.43-B(f) of the Act - Only effect of insertion of S.43-B(f) of the Act is to regulate stated deduction by putting it in a special provision - Plea that said provision is enacted with sole purpose to defeat earlier judgment of SC is misconceived - Court cannot venture into hypothetical spheres while..........
