Civil Procedure Code, 1908, Section 92, 115 -- Suit against public trust - Grant of leave - Revision against - Revision petitioners have not specifically pointed out any fraud being played by applicants 1 and 2/plaintiffs in getting the leave - Similarly, they have not raised any ground that Court below has passed an order granting leave without jurisdiction - Held, in the..........
Police torture -- Violation of human rights - Compensation by Constitutional Court - Sufferance of bodily injuries, humiliation, violation of human rights - Violation of constitutional right - Law does not impose any fetter on the Constitutional Courts to order appropriate compensation to the victims, on the sole ground that victim has not approached the private law..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is a creature of the statute and no Court or quasi-judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law - In any case, while exercising the power of review, the court/tribunal concerned cannot sit in appeal over its..........
Constitution of India, 1950, Article 137 -- Review by Supreme Court - Article 137 empowers Supreme Court to review its judgments subject to the provisions of any law made by Parliament or any rules made under Article 145 of the Constitution - The Rules framed by Supreme Court under that Article lay down that in civil cases, review lies on any of the grounds specified in..........
Criminal Procedure Code, 1973, Section 133, 136, 138 -- Public nuisance - Removal of - Held, if a person enters appearance pursuant to receipt of preliminary order u/s.133 and shows cause against order, it is mandatory for Magistrate to take evidence in manner as in a summons case - Final order u/s.136 Cr.P.C. without having recourse to procedures prescribed u/s.138..........
Civil Procedure Code, 1908, Section 104, 105, Order 43 -- Appeal not filed against an order against which there is provision of filing appeal - Such order cannot be challenged in the regular appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Conditions for - Held, specific provisions have been made in the CPC empowering remand of a suit by appellate court for specific purposes under specific circumstances - There cannot be an arbitrary order of remand without satisfying conditions U.O.41.Rr.23, 23-A or 25 of CPC - Even when a party..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Ordinarily a suit or an original proceeding is to be tried in all its stages on the cause of action as it existed on the date of its commencement - The exception to this rule may be summarized in the manner following - (i) Where it is shown that the original relief claimed has, by reason of subsequent..........
