CiteTEXT
...amicus curiae and taking note of difficulty to continue the writ petition filed under Article 32 of the Constitution of India this Court converted the writ
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further proceedings pursuant thereto based on a compromise arrived at by the parties, in a Special Leave Petition under Article 136 of the Constitution of India?...point that a spirited citizen has the locus standi to petition under Article 136 of the Constitution of India to ensure that justice is done, the learned amicus curiae relied on the decisio...
...the finding of fact arrived at by the Reference Court on reappreciation of evidence under Article 136 of the Constitution of India. If the first question is answered in the affir...Reference Court after considering the materials on record, it was not open for this Court to interfere with the findings of fact under Article 136 of the Constitution of India....Court, in the exercise of its power under Article 136 of the Constitution of India, would be entitled to examine the findings of fact arrived at by the High Court while reversing...
...Article 136 of the Constitution, in laying down the law had dismissed the petition of the employee. This Court in a number of cases had battled with tracing the contours of the provision ...the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws. Article 142 of the Constitution of India, on the other h...Court Bar Assn. v. Union of India (1998) 4 SCC 409.10. Article 136 of the Constitution of ...
...therefor. Learned counsel for the respondents also attempted to draw an analogy on the basis of the special leave to appeals filed under Article 136 of the Constitution of India and the p...Article 136 of the Constitution of India and the practice of rejecting appeals at the SLP stage invariably without assigning reasons with the one to be exercised while dealing with an app...136 of the Constitution does not confer any right of appeal in favour of any party as such and it is not that any and every error is envisaged to be corrected in exercising powers under Article ...
..., he submitted that we should not exercise our discretion under Article 136 of the Constitution of India for quashing the FIR.6. Learned counsel for the appellant...-2007 of the Allahabad High Court in Criminal Miscellaneous Writ Petition No. 13227 of 2007.2. The aforesaid writ petition was filed for quashing the FIR in Case Crime No.... 1133 of 2007 under Sections 467, 468, 471, 420, 409 and 218 IPC, Police Station Mahoba, District Mahoba, U.P3. By the impugned judgment, the High Court refused to quash the...
...has since elapsed, we are not inclined to interfere with the impugned orders, decided on the basis of the 1995 amendment, in exercise of our jurisdiction under Article 136 of the Constitution ...the claim.4. A two-Judge Bench of this Court in New India Assurance Co. Ltd. v. V.K Neelakandan however...judgment of the Kerala High Court in United India Insurance Company, Ltd. v. Alavi (1998) 1 KLT 951 (FB). There is no merit in this appeal. It is dismissed. No costs....
.... …4. The attempt to draw an analogy on the power of this Court under Article 136 of the Constitution of India and the practice of r...been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of appeal in favour of any party as such and it is not that any and every error is envisage...powers of this Court under Article 136 of the Constitution are special and extraordinary and the main object is...
...the High Court warranting our interference under Article 136 of the Constitution of India. Accordingly, the special leave petition is dismissed....Order1. Heard the learned counsel for the petitioner.2. Jarnail Singh, Respondent 2, executed two documents of sale (Exts. P-2 and D-1) on 25-11-1991.... Having regard to the findings of the courts below that Ext. P-2 was executed earlier than Ext. D-1 and having noted that Ext. P-2 in favour of the first respondent was executed at 10.00 a.m and it was not...
...interfere under Article 136 of Constitution of India and exercise our discretionary jurisdiction for the reason that we are equally convinced, as was the Special Court, that a large number ...or fabricated documents have been relied upon by the appellants.4. The appeals therefore stand dismissed.SUPREME COURT OF INDIA...1. Heard learned counsel for the parties.2. The present appeals arise from a judgment of the Andhra Pradesh High Court dated 25 April, 2007...
...R.M Sahai, J.— In this appeal, by grant of special leave under Article 136 of Constitution of India, the short question that arises for consideration is if the Hig...committed any error of law in exercise of its powers under Section 378 read with Section 386 (a) of the Criminal Procedure Code in allowing the appeal against acquittal and convicting the appellant under...Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment.2. Law is well settled. While caution is the watchword, in appeal against acquittal as...
...136 of the Constitution of India to interfere with the order under appeal. Accordingly, we leave the question of law open to be decided in an appropriate case and dismiss the appeal on the facts ....”5. In the light of the above findings and in view of the conduct of the appellant in this case, we do not consider that we should exercise our jurisdiction under Article...K. Venkataswami, J.— The appellant-Company, aggrieved by the summary dismissal of its Revision Petition No. 225 of 1993 on 27-7-1993 by the National Consumer Disputes...
...had really applied its mind. …4. The attempt to draw an analogy on the power of this Court under Article 136 of the Constitution of India and the practice...grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of appeal in favour of any party as such and it is no...powers of this Court under Article 136 of the Constitution are special and...
...interest on an application being filed as it thinks fit to meet the ends of justice. That being so, in the case in hand, we see no justification for interference by this Court under Article 136 of the ....Special Leave Petition No. 9298 of 20002. The order of reference does not indicate as to why this petition has been referred to the Constitution Bench...is willing to pay interest @ 12% per annum in settlement of the dispute in issue. While, therefore, keeping the points of law open, this petition is disposed of with a direction that the respondent...
...under Article 136 of the Constitution of India, which is a discretionary jurisdiction.5. Article 136 of the Constitution of ...Section 100 or Section 96 of the Code of Civil Procedure. Hence, the question of prejudice is certainly relevant to proceedings in Article 136 of the Constitution of ...the High Court under Article 136 of the Constitution of India, when no prejudice has been caused to the petitioner. The State has not filed any special leave petition before us and the position ma...
...under Article 136 of the Constitution of India.15. It is well settled position of law that though the scope of Article 136 ...recommended for appointment by the Screening Committee. It is well settled that to such cases the doctrine of equality enshrined in Article 14 of the Constitution of India is not attracted. This d...come up for consideration in other cases namely, Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal...
...Article 142 of the Constitution, but in the subsequent decision this Court under Article 136 of the Constitution, in laying down th...Constitution of India, on the other hand is a step ahead of the powers envisaged under Article 136 of th...and finally settled in the Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409.
10. Article ...
...Article 32 of the Constitution of India or where an order is passed under ...except under Article 131 of the Constitution of India where dispute between Government of India and one ...India and Honble High Court under Article 226 of Constitution of India which power cannot be curtailed by any...
...special leave petition/appeal under Article 136 of the Constitution of India before this Court, the provisions of Section 13(6) of the Madhya Pradesh Accommodation Control Act, 1...Act and not to the constitutional remedy under Article 136 of the Constitution.5. It is well settled that a statutory provision cannot control a constitutional provision. An...Order1. Heard learned counsel for the parties.2. This appeal has been filed against the impugned judgment of the High...
...this Court under Article 136 of the Constitution of India (in short ‘the Constitution’) against a judgment 1996 SCC OnLine All 257, 1997 Cri LJ 1677 ...well-established practice of this Court.”22. In Esher Singh case (2004) 11 SCC 585, it has been held by this Court that Article 136 of the Constitution ...(2008) 17 SCC 257 this Court has reiterated the aforesaid view that the appellate power of this Court under Article 136 of the Constitution ...
...Constitution of India is always in addition to the powers of revision under Section 103 of the Act. In that view of the matter, the High Court rightly set aside the orders of the tribunal.... But that, in our opinion, is not the end of the matter. The High Court had still powers under Article 227 of the Constitution of India to quash the orders passed by the tribunals if the findings...the Constitution of India. The appeals fail and are dismissed.7. No costs....