Court : Gujarat
Reported in : AIR1982Guj58; (1982)1GLR171
..... powers can be exercised in an appeal.34. at review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. a mere repetition through different counsel of old and overruled arguments cannot create a ground for review, (vide ..... . s. course in the government medical college, srinagar, inter alia on the ground that the allocation to the viva voce test of 30 per cent of the total marks was patently arbitrary. the supreme, court relying on the decision in ajay hasia v. khalid mujib, air 1981 sc 487 concluded that allocation of more than 15 per cent of the total ..... to correct grave and palpable errors constituted by it. in state of gujarat v. sardarbegum, air 1976 sc 1695, the supreme court observed that the high court had committed a patent error in granting relief under article 226 of the constitution, which it ought to have corrected suo motu in exercise of its inherent power. in that case the high court ..... cannot be equated with the original hearing of the case and the finality of the judgment delivered by the court will not be reconsidered except 'where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility' '.elaborating what an error apparent on the face of the record is, the supreme court has further laid .....Tag this Judgment!
Court : Gujarat
Reported in : (1992)2GLR1460; (1992)2GLR1471
..... don'ts' can easily and effectively be computerised so as to enable the statutory functionaries to keep themselves abrest of the latest position of law in order to avoid the patent pitfalls costing valuable detention orders and thereby damaging the public interest. what is required is the desired determination, will and the follow-up action of the state government to do ..... while passing the order of detention orders or thereafter even while exercising the power of temporary release, and still for whatever reasons, the detention orders practically continuously fail on these patent count only. how could this indeed happen when powers exercised by 'the authority is no less than highly qualified secretary of the state? some technical failures by the statutory functionary ..... , the same is quite understandable and, therefore, can be pardoned but when one find that the alleged breach of duty is not in 'good faith' but suffers from such a patent negligence which exposes the society to the menace of the black-marketing and/or any other disturbance of the 'law and order' and 'public order', the concerned statutory authority has ..... funda-nrritil object. to read and interpret any section out of the said context and background is just reading it out of the way, which is bound to result into patent injustice. this is simply impermissible and not done. it is the cirdinal principle of the interpretation of the statutes that the provisions of the act has to be interpreted and .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)4GLR554
..... of india, the high court could not have set aside any finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law.'73. the observations made by the bombay high court has, in case of standard chartered grindlays bank ltd. and govind phopale and ..... to interfere with the findings of fact.'4. needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a ..... . srivastava, j.) by order dated 10th august, 1999. this order of the learned single judge of this court was challenged before the division bench of this court by filing letters patent appeal no. 304 of 2000 which was decided by the division bench of this court (coram : d.m. dharmadhakari, c.j. and j.m. panchal,j.) on 17.7.2000 ..... ) of the i.d. act is a settled law.13. he also submitted that the same question has also been examined by the division bench of this court in letters patent appeal no. 1557 of 2001 dated 23.12.2002 and it has been held by the division bench of this court that the point whether the forest department is an .....Tag this Judgment!
Court : Gujarat
Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj
..... submitted that neither on facts nor in law, the applicant union is entitled to be joined as a party - respondent in the pending letters patent appeal. he has, therefore, submitted that the application must be rejected with cost.30. after having heard learned advocates appearing for the respective parties ..... passed. he has, therefore, submitted that the applicant union cannot be permitted to be impleaded as a party -respondent in the letters patent appeal proceedings in view of the division bench judgment of this court since the applicant union is not a representative union under the bir ..... proceedings or remedies which might have been instituted, continued or enforced shall not be affected by the repeal. the pending proceedings like the present letters patent appeal will, therefore, be governed by the provisions contained in the bir act and not under the provisions of the industrial disputes act, 1947 ..... , 1992 till march 31, 2009. it has also been specifically stipulated in the said settlement that the pending matters including the present letters patent appeal have been mutually agreed to be discussed between the parties for expeditious resolution. the opponent no. 1 company and the opponent no. ..... who was duly authorised by 106 employees, has filed this application seeking permission of this court to be joined as respondent no. 3 in letters patent appeal no. 1164/1998 and also in special civil application no. 8030/1997.2. the application was opposed by the opponent no. 1 - original .....Tag this Judgment!
Court : Gujarat
Reported in : (2005)3GLR2515
..... beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious exercise of authority or discretion, a patent error in procedure, arriving at a finding which is perverse or based on no material, or resulting in manifest injustice. as regards finding of fact of the inferior court, the ..... two voices and has given inconsistent and conflicting findings, or where the findings are vitiated by error of law or where the conclusions reached by the courts below are so patently opposed to the well-established principles as to amount to miscarriage of justice or where the finding is not supported by any legal evidence and is wholly inconsistent with the .....Tag this Judgment!
Court : Gujarat
Reported in : (1994)2GLR1191
..... mechanically prepare report by naming the substance as the one named in the forwarding letter.12. in view of the aforesaid discussion, since the patent infirmity noticed in the report of public analyst is found to be fatal to the prosecution, it is indeed not possible to uphold and sustain ..... case may be, once the authority concerned makes inquiry and reaches to the conclusion that the lapse could and should have been avoided and yet but for the patent negligence was not avoided. accordingly, the trial court should also forward a copy of judgment and order to (i) the secretary, home department, government of ..... show-cause as to why departmental proceedings should not be initiated against them. in case, if it is ultimately found out that the lapse was patent and unpardonable, and there is no reasonable explanation to be offered, the concerned authority should not feel any hesitation in taking steps deterrent enough against ..... best of the results under the special acts. the other way to obtain the same is - whenever the accused gets acquittal because of some patent lapse and/or negligence either on the part of the concerned police officer and/or public analyst, as the case may be, the superior officer ..... and the public analyst in his turn preparing the report. in this case, the appellant has been given benefit of acquittal simply because of the patent remissness on the part of the public analyst while submitting his report! this does not necessarily mean that either the p.s.i, who seized .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2002Guj48
..... in the bank, learned counsel submits that his clients could not withdraw the said amount. as now we have taken a final decision in the letters patent appeal and the public interest litigation, we direct the registry to return the amount of rs. 1,28,32,500/- to the appellants by cheque ..... as that they are not bona fide public interest litigants, and have filed the petition to support the case of the appellants in the letters patent appeal, that they have filed the same sensing the trend or the opinion of the learned single judge do not impress and persuade us to ..... much importance to several objections of technical nature raised by the learned counsel on behalf of the purchaser. objection such as that the appellants in letters patent appeal being members of the society should have resorted to remedy of raising a dispute under the provisions of cooperative societies act, is not a ground ..... provisions of the act apply to such varied or modified final development plan.23. learned counsel shri yatin oza appearing for the appellant in the letters patent appeal contended that may be in the proposed notification dated 24-9-1992 issued under sub-section (i) of section 19 of the town planning ..... -section (1) of section 19 of the town planning act proposing variation of the development plan in respect of the lands involved in this letters patent appeal and the special civil application. it is pointed out that in the said notification of proposed variation of the development plan, the condition of .....Tag this Judgment!
Court : Gujarat
Reported in : (2008)2GLR1692
..... be rendered null and void, if at a later date, the petitioners are held to be disqualified. another reason assigned is an order dated 14-2-2008 passed in letters patent appeal no. 139 of 2008. it has been specifically submitted by mr. naveen k. pahwa, learned counsel for the petitioners that this order has nothing to do with either the ..... order deserves to be quashed and set aside. it is further submitted by the learned counsel for the petitioners that the collector has referred to an interim order in letters patent appeal no. 139 of 2008, which has no bearing on the case of the petitioners since neither the petitioners nor the respondent no. 2 were parties to the said proceedings ..... order dated 3-4-2008, staying further proceedings, as well as the order dated 14-3-2008 made by the competent authority under the defection act, and subsequently, the letters patent appeal was disposed of vide order dated 16-4-2008 with a direction that the writ petition, which is pending before the learned single judge, be heard on 25-4 ..... interim relief was granted to the petitioners. the request of the petitioners for grant of adjournment was not acceded to by the competent authority, and therefore, the petitioners filed letters patent appeal no. 320 of 2008 praying for a stay on further proceedings before the competent authority under the defection act. it transpires from the present petition that the division bench .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)1GLR649
..... promoted as police sub-inspector in the parent department. the remaining petitioners, who were not permitted to appear in the written examination, filed letters patent appeal no. 272 of 1999 before this court and the said letters patent appeal was allowed and it was found by the division bench that all the appellants were permitted to appear in the written test as ..... well as oral examination and they have successfully undergone the same. on the aforesaid basis, while allowing the letters patent appeal, the division bench permitted the remaining petitioners also to undergo the training. the order of the division bench in letters patent appeal no. 272 of 1999 is reproduced as under :-'..... 9. from the above portion, it is clear that interim .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)1GLR552
..... courts shall not interfere with the election process when the election process has commenced is to ensure that the election process goes on. when the returning officer himself commits a patent illegality and rejects the nomination paper of the petitioner contrary to the statutory provisions or in any view of the matter condition precedent for exercising the power is lacking then ..... and extraordinary circumstances justifying the interference of this court with the impugned decision of the returning officer.'2.20 being aggrieved and dissatisfied with the aforesaid judgment, a letters patent appeal no. 1031 of 1999 was filed before the division bench of this court (coram : c. k. thakker, actg. c.j. and k. m. mehta, j.), in december, 1999 and ..... courts shall not interfere with the election process when the election process has commenced is to ensure that the election process goes on. when the returning officer himself commits a patent illegality and rejects the resolution of the petitioner changing its delegate and this is done without any power or jurisdiction, this must be held to be one of the exceptional ..... making the nominations.'in paragraph no. 16 on page 15 the court further observed as follows :'para 16 ...... hence, the impugned decision of the returning officer mustbe held to be patently illegal and without jurisdiction. the illegality is so apparent on the face of the record that rejecting the petition at this stage and requiring the petitioner-society to file an .....Tag this Judgment!