Punjab Land Revenue Act, 1887, Section 118(2) -- Sanction of mode of partition - Review of - Maintainability - Held, if an order is appealable, before appeal is filed, remedy of review can be availed especially when it is found that there is an error of fact apparent on face of record - In present case, since review application has been filed only because of reason that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Shamlat deh - Power of review - There is no provision under the Act conferring power upon Appellate Authority to review its order...........
Service -- Departmental proceedings - Judicial review - Only when there is a manifest error in the exercise of power or the exercise of power is manifestly arbitrary or if the power is exercised on the basis of facts which do not exist and which are patently erroneous - Court has to be satisfied that the order had been passed by the authority only on the grounds of..........
Service -- Departmental proceedings - Judicial review - The role of courts in the matter of departmental proceedings is very limited and court cannot substitute its own views or findings by replacing the findings arrived at by the authority on detailed appreciation of evidence on record - In the matter of imposition of sentence, the scope for interference by the court is..........
, Section 13, 8 - - Ejectment petition - Arbitral proceedings - Objection such as that arbitrator cannot be impartial and that he is himself Director of company - Held, it is not an objection that can be brought by one of parties to arbitration through an independent suit or a petition before a Civil Court - On other hand, it must be done before arbitrator himself and an..........
Constitution of India, 1950, Article 226, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Objection as to availability of candidate - Judicial review - Respondent No. 6 is a teacher in a Government school - His service requires his presence in school during school hours - If he performs duties of a Lambardar, he will have to remain absent from school..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Necessarily involves the review of a decision already made, it should always be exercised very sparingly by the court of law...........
Criminal Procedure Code, 1973, Section 362 -- Natural justice - Review - Held, there is a clear bar for any Court which includes High Court to either review or recall an order or judgment passed even it is found subsequently that it offends principles of natural justice...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be sought on the grounds viz. (a) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (b) Mistake or error apparent on the face of the record; (c) Any other sufficient reason - Any other..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Proceedings for review are not by way of an appeal and have to be strictly confined to the scope and ambit of O.47.R.1 CPC...........
