Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........
Water (Prevention and Control of Pollution) Act, 1974, Section 18, National Green Tribunal Act, 2010, Section 16 -- Pollution - Direction for closure of Unit - Order issued by State Government for closure of Unit - Order expressly made under Water Act - Said order can only be set aside either in Civil suit or by High Cpurt in the exercise of judicial review...........
National Green Tribunal Act, 2010, Section 16, Water (Prevention and Control of Pollution) Act, 1974, Section 18 -- NGT - Has no general power to judicial review akin to that vested u/art.226 of Constitution possessed by the High Courts...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Service -- Banking service - Re-fixing of salary - Decision making process - Decision of Standing Committee is a part of decision making in respect of salary payable to employees of Banks - Employee of a Bank has no right that he should be associated with decision making process in respect of fixation of salary - However, if question of reasonableness of salary arise, then..........
Maharashtra Police Act, 1951, Section 56(1)(a), (b) -- Externment of person - Validity thereof - Jurisdiction - S.56(1) of the Act conferred power upon officer to extern a person from area larger than area of his actual activities notwithstanding the fact that larger area is beyond local limits of jurisdiction of officer and/or not even contiguous - Therefore, order can be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Every error whether factual or legal cannot be made subject matter of review U.O.47.R.1 CPC, though it can be made subject matter of appeal arising out of such order - However, in order to attract provision of O.47.R.1 CPC, error/mistake must be apparent on the face of record of case...........
Constitution of India, 1950, Article 136 -- Special leave to appeal against review order - Appellant not challenged main order - Legality and correctness of main order cannot be examined in present appeal...........
Legitimate expectation -- It is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right - Legitimate expectation is one of grounds of judicial review, but unless a legal obligation exists, there cannot be any legitimate expectation...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
