Constitution of India, 1950, Article 226, 227 -- Writ of Certiorari - Scope of interference - Where findings are based on no evidence or are such that no reasonable man in facts and circumstances of the case would record such a finding - Certiorari jurisdiction can be invoked...........
Punjab Security of Land Tenures Act, 1953, Section 24 -- Scope of review - Land declared surplus - Owner made secletion of permissible area out of post consolidation land alloted to him - Collector erroneously referred pre-consolidation khasra numbers in the order - Review of the said order santioned by Commissioner to indicate post consolidation khasra numbers - Collector..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope - Provision does not postulate a rehearing of the dispute because a party had not highlighted all the aspects of the case or could perhaps have argued them more forcefully and/or cited binding precedents to the Court and thereby enjoyed a favourable verdict...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Scope of review - Rehearing is permitted on account of some mistake or error apparent on face of record or for any other sufficient reason - No rehearing permissible because a party not highlighted all aspects of the case or could perhaps have argued them more forcefully or cited binding precedents to Court and..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 47, Rule 1 -- Agreement to sell - Possession delivered - Vendor threatened to interfere in possession - Suit by Vendee for confirmation of possession & permanent injunction - Vendee reserving right to file suit for getting sale deed executed - Subsequent suit for specific performance -..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Provision is couched in the widest possible terms and calls for no limitation, either with regard to the stage at which the powers of the Court should be exercised, or with regard to the manner in which it should be exercised - It is duty of Court to examine such of those witnesses as it considers absolutely necessary..........
Hindu Marriage Act, 1955, Section 13B, 25 -- Scope - Divorce by mutual consent - While granting divorce by mutual consent order passed that minor daughter shall be maintained by mother till she attains majority and thereafter daughter can claim maintenance from either father or mother - Decree modified by upholding decree of divorce by mutual consent and rest of the..........
Constitution of India, 1950, Article 226 -- Tender process and award of contract - Scope of judicial review - FCI awarding contract of handling and transport of stocks to respondent No. 2 - Challenged on the ground that respondent No. 2 is not qualified as per the terms and conditions of notice inviting tender - Although FCI failed to adhere to conditions, yet its..........
Constitution of India, 1950, Article 226, 227 -- Scope - High Court should not ordinarily interfere with an order taking cognizance passed by a competent court of law except in a proper case - Only such High Court within whose jurisdiction the order of subordinate court has been passed, would have the jurisdiction to entertain an application under Article 227 unless it is..........
Transfer of Property Act, 1882, Section 83 -- Deposit of mortgage amount - Scope - Effect on the status of parties - Mortgagor depositing amount under Sec. 83 - Court permitted deposit - By deposit the status of the parties is not altered - For filing suit for redemption, deposit is not a pre-condition - Mortgagee cannot be compelled to accept the same - On refusal of..........
