Constitution of India, 1950, Article 226 -- Writ jurisdiction - Concurrent findings of fact - Scope of interference in writ jurisdiction - Where findings of fact based on evidence on record, is perfectly right and justified, said concurrent findings should not be interfered with by High Court in exercise of writ or revisional jurisdiction without any solid justification...........
Limitation Act, 1963, Section 14 -- Scope - There has to be a liberal interpretation to advance cause of justice - It would be applicable in cases of mistaken remedy or selection of a wrong forum - Earlier proceedings and latter proceedings must relate to the same matter in issue - The words "matter in issue" are used u/s 11 of the Code of Civil Procedure...........
Limitation Act, 1963, Section 14 -- Scope - Liberal interpretation should be placed on S.14 of the Act - However, if fact situation exposits absence of good faith of great magnitude, law should not come to the rescue of such a litigant...........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Scope of application of mind for invoking power u/s 200 Cr.P.C. and S.156(3) Cr.P.C. are totally different, as degree of application of mind to invoke power u/s 156(3) Cr.P.C. is much lesser than degree of application of mind required to invoke power u/ss 190(1)(a), 200 Cr.P.C...........
Service -- Selection - Post of Principals of PG/Degree colleges - Selection challenged on the basis of invalid appointment of members of Service Commission, as they ceased to hold office - High Court rightly held, that there was no scope to examine the validity of their appointment as members of Commission but applying the de facto doctrine, proceeded to hold strict..........
Constitution of India, 1950, Article 226 -- Judicial review - Price fixing - Scope of interference - Is limited and is reserved for expert bodies - Court cannot substitute its opinion...........
Adverse possession -- Plaintiff not aware as to who is true owner of property - There remains no scope of denying the title of true owner nor exhibition of any hostile animus to the knowledge of the true owner comes - This itself goes to negate the claim of plaintiff as regards his acquisition of title over suit land by adverse possession...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act being a piece of penal provision has to be strictly construed and there is no scope for its liberal interpretation...........
Prevention of Corruption Act, 1988, Section 2(b) -- Public duty - Scope - Discharge of duty in which State, public or community at large has interest has been brought within the meaning of expression public duty...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Scope - When appellate Court had come to conclusion that plaintiff had no locus to file the suit, then it could not have adjudicated upon merits of case in appeal...........
