Service -- Misconduct - Punishment - Judicial review - Court can interfere if punishment is outrageously disproportionate to the nature of misconduct...........
Constitution of India, 1950, Article 226 -- Misconduct - Disciplinary proceedings - Punishment - Censure - Judicial review - Punishment imposed on the petitioner for his failure, in search and seizure of a house, to adopt the proper procedure to count the watches, sealing of the same under the signatures of the independent witnesses, storage of the same at proper place..........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(e), 23, Constitution of India, 1950, Article 226 -- Writ Petition seeking direction to the State Govt. to establish Review Committee so as to screen abuse of MCOCA - Indirectly petitioner wants indulgence of the Court to direct legislature either to amend MCOCA or to enact a new law - Held, Court cannot assume..........
Civil Procedure Code, 1908, Order 47, Rule 1, Divorce Act, 1869, Section 41 -- Maintenance - Minor daughter living with mother - Respondent/wife sought maintenance on ground that entire expenses of maintenance and education of minor child is borne by her - Lump sum of Rs.5 lacs directed to be paid for meeting marriage expenses of daughter - Review of judgment sought by..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Departmental proceedings - Punishment - Quantum of punishment - Judicial review - Powers of the High Court interfering in such matter discussed...........
Consumer Protection Act, 1986, Section 2(r)(i)to(x) -- Unfair trade practice - Jurisdiction - Consumer Fora - Striking down of the Act or Rules or Clauses of lawful agreement - Housing - Booking of house - Forfeiture clause - On cancellation of booking - Striking down of forfeiture clause by the State Commission - Not the case of the respondent that the petitioner had..........
Land Acquisition Act, 1894, Section 16, Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11 -- Acquisition of land - Writ petition - Constructive res judicata - Petitioners filed writ petition seeking for review - Subsequently, they had given up the said prayer - Other contentions raised by petitioners are fully covered by the judgment of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded - Appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law - An appellate court must bear..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Erroneous decision and an error apparent on the face of record - First can be correct by the higher forum while the latter can be corrected by exercise of review jurisdiction - An error which is not self evident and has to be detected by a process of reasoning, is not an error apparent on the face of record...........
