Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of a new and important fact - Due diligence - Merely discovery of new and important fact is not sufficient for review - It must be established that necessary efforts to get such information prior to the passing of the order in question were made, and if so, what were the efforts...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - On totally new ground - Not permissible...........
Service -- Dismissal from service - Judicial review - Normally, Courts do not substitute the punishment unless they are shocking disproportionate and if the punishment is interfered or substituted lightly in the punishment in exercise of extra-ordinary jurisdiction then it amounts to abuse of the process of Court...........
Punjab Land Revenue Act, 1887, Section 15 -- Review - Scope - Only minor clerical mistake can be rectified - Does not empower Financial Commissioner to re-hear/re-decide a case already adjudicated upon after taking into consideration all relevant factors...........
Letters Patent Appeal -- Appellate Court in a Letters Patent jurisdiction may review findings of fact as well as law arrived at by Single Judge - However, Court would normally do not interfere with the discretionary jurisdiction exercised by the Courts below...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 19 -- Review of order by prescribed authority - Land declared surplus by SDO cum prescribed authority - Review application - Order reviewed by successor prescribed authority - Original order well reasoned and passed on merits - U/s 19 of the Act only clerical or arithmetical mistake or error arisen from any accidental..........
Constitution of India, 1950, Article 215 -- Court in exercise of its jurisdiction under Art.215 has power to undo a decision that has been obtained by playing a fraud on Court - Fact that Court on earlier occasion declined to interfere either on the ground of delay or on the ground that a second review is not maintainable, cannot deter Court from declaring earlier order as..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of High Court - Not different from its power in an appeal from conviction - High Court can review and consider entire evidence and can come to its own conclusions by either accepting the evidence rejected by trial Court or rejecting the evidence accepted by the trial Court - If High Court..........
Service -- Dismissal from service - Misconduct - Judicial review - High Court and Tribunal while exercising judicial review do not act as an appellate authority - Its jurisdiction is circumscribed and confined to correct errors of law or procedural error, if any, resulting in manifest miscarriage of justice or violation of principles of natural justice - Judicial review is..........
Service -- Dismissal from service - Judicial review - It is impressible for High Court to reappreciate evidence which had been considered by the Inquiry Officer a Disciplinary Authority and the Appellate Authority...........
