Constitution of India, 1950, Article 226 -- Judicial review - Contractual matter - Exercise of - Held, judicial review of matters that fall in the realm of contracts is also available before superior courts, but the scope of any such review is not all pervasive - It does not extend to Court substituting its own view for that taken by the decisio, making authority -..........
Constitution of India, 1950, Article 226 -- Judicial review - Contractual employment - Termination - Validity of - Held, termination of a contractual employment in accordance with terms of contract was permissible and employee could claim no protection against such termination even when one of the contracting parties happened to be the State...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by..........
Criminal Procedure Code, 1973, Section 362, Constitution of India, 1950, Article 137 -- Review of Judgment - There is no power of review with the Criminal Court after judgment is rendered - Court becomes functuous officio the moment the order for disposing of a case is signed - Such an order cannot be altered except to the extent of correction of a clerical or arithmetical..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document exhibited - Exhibit marked cannot be ordered to be deleted as the same Court is not empowered to review or revise its own order or judgment...........
Constitution of India, 1950, Article 226 -- Union Public Service Commission - Commission is a constitutional body - However, its actions and decisions are not immune from judicial review and if a competent judicial forum finds that the impugned action is ultra vires the Constitution or any legislation or is otherwise arbitrary or discriminatory, there will be ample..........
Civil Procedure Code, 1908, Order 47, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market value - Determination of - Review - Condonation of delay - Review of a determination of compensation on ground that certain other similarly placed persons have been given a higher rate of compensation - Held, not permissible - Applications have been filed after inordinate delay -..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Review of sanction order - Review is permissible on the basis of fresh inputs and even for other valid reasons...........
Judicial Review -- Decision taken by the competent authority can be corrected provided it is established that the decision is so perverse that no sensible person, who had applied his mind to the question to be decided could have arrived at it - Decision taken by the competent authority on the basis of relevant material ought not to be lightly interfered with by the Court..........
Service -- Dismissal from service - Judicial review can be only when punishment is not merely disproportionate but also strikingly disproportionate and only in extreme case, where on the face of it there is perversity or irrationality that there can be judicial review...........
