Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial questions of law - Parties have to be heard after framing of substantial questions of law - Hearing cannot be prior to substantial questions of law - High Court therefore, erred in hearing in appeal finally when questions of law have not been framed and formulated questions of law only in..........
Civil Procedure Code, 1908, Section 100 - - Second appeal - Substantial question of law - Court has power to hear appeal on any substantial questions of law not formulated by it if it is satisfied that case involves such questions - However, in such eventuality Court has to record its reasons for formulating such questions of law...........
Competitive examination -- Posts of Civil Judge - Main written examination - Prohibition of using a pencil in paper for any purpose - Respondent underlined answer sheet with pencil at several places in Law Paper-I - Paper declared invalid in view of violation of instructions issued by Commission which are mandatory, having force of law and they have to be strictly complied..........
Constitution of India, 1950, Article 227 -- Scope of High Courts jurisdiction u/art.227 of Constitution is limited - Supervisory jurisdiction does not extend to correcting every error of law or fact made by Trial Court but is intended to ensure that Trial Court does not exceed jurisdiction vested in it or fail to exercise jurisdiction so vested - Petition dismissed along..........
Establishment of educational Tribunal -- Suo moto exercise of power by High Court was absolutely uncalled for in a matter of establishment of educational Tribunal at Lucknow not at Allahabad - It is for aggrieved persons or parties or associations to take up the matter on judicial side - Suo moto exercise, has in fact resulted into agitation and cross-agitation in Bar..........
Passport Act, 1967, Section 10 -- Impounding of passport - Pendency of criminal case - Passport Authority to record reason - Passport Authority impounding passport to record reasons of making such order so that it may act as a healthy check against abuse or misuse of power - If reasons given are not relevant and there is no nexus between reasons and the ground on which the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Wherever a right or liability, not pre-existing in common law is created by a statue and that statue itself provides a machinery for enforcement of such right or liability, both right/liability and remedy having been created uno flatu and a finality is intended to result of statutory proceedings, then..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 18 kg Ganja - No Malkhana register produced to substantiate seized ganja was deposited in Malkhana - Though ganja was produced in Court but none of packet is found sealed - More so, though with regard to bag an explanation is given that it is destroyed by rat but did not have reference of..........
Practice and procedure -- Remarks against Presiding Officer - High Court can definitely say that order passed shows total lack of knowledge of law - But when High Court went further and virtually castigated the judicial officer as an unworthy and corrupt person then High Court, over-stepped its boundaries and such remarks need to be expunged...........
