Constitution of India, 1950, Article 32 -- Judicial review - Absence of consultation amongst members of collegium would be within the limited purview of judicial review - Writ petition for this limited scrutiny is maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In determining objections u/s 47 CPC, execution Court cannot go behind the decree and virtually review the trial Court's judgment...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review petition cannot be permitted to be filed to reargue and reagitate the matter...........
Service -- Penalty - Stoppage of one increment with cumulative effect - Age of appellant is 68 years and there being no evidence whatsoever available on record to arrive at a conclusion that he is guilty of charge - Moreover, complainant herself had withdrawn the complaint and she was not even examined on behalf of employer to prove the charge - Findings of enquiry officer..........
Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Stamp Act, 1899, Section 47A -- Recall of order passed u/s 47-A of the Act - Power of Collector - Collector has no power to recall and review his own order, as no such power has been conferred u/s 47-A of the Act...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Under the garb of filing a review petition, a party cannot be permitted to repeat old and overruled arguments for reopening the conclusions arrived at in a judgment...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In order to seek review, it has to be demonstrated that order suffers from an error contemplated U.O.47.R.1 CPC which is apparent on the face of record and not an error which is to be fished out and searched...........
