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1 - 10 of 22 (0.54 seconds)Section 42 in The Punjab Agricultural Produce Markets Act, 1961 [Entire Act]
T. C. Basappa vs T. Nagappa And Another on 5 May, 1954
... in grave cases where the subordinate tribunals or
bodies or officers act wholly without jurisdiction, or in
excess of it, or in violation of the principles of natural
justice, or refuse to exercise a jurisdiction vested in them,
or there is an error apparent on the face of the record....'
In T.C. Basappa v. T. Nagappa [T.C. Basappa v. T.
Nagappa, (1954) 1 SCC 905] the law was thus stated : (SCC p.
915, para 11)
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'11. ... An error in the decision or determination itself
may also be amenable to a writ of "certiorari" but it must
be a manifest error apparent on the face of the
proceedings e.g. when it is based on clear ignorance or
disregard of the provisions of law. In other words, it is a
patent error which can be corrected by "certiorari" but
not a mere wrong decision.'"
Secretary & Commissioner, Home ... vs R. Kirubakaran on 21 September, 1993
35. The Hon'ble Supreme Court in the aforementioned judgment held
that an application for correction of date of birth by a public servant cannot be
entertained at the fag end of service. However, the extracted passage from the
two-Judge Bench decision of the Hon'ble Supreme Court in Secretary and
Commissioner, Home Department Vs. R. Kirubakaran, 1993(4) SCT 803,
also makes it clear that a change of date of birth may be permitted, where a
clear case is made out on the basis of conclusive material and where the Court
is fully satisfied that real injustice has occurred and the claim has been made in
accordance with the prescribed procedure and within the time stipulated by the
applicable rules.
State Of Maharashtra & Anr vs Gorakhnath Sitaram Kamble & Ors on 16 November, 2010
34. Moreover, the judgment of the Division Bench of this Court in
Dhani Ram Chaudhary's case (supra) and the decisions of the Hon'ble
Supreme Court in Harnam Singh's case (supra) and Gorakhnath Sitaram
Kamble's case (supra) are distinguishable on facts. In those cases, the
applications for correction of date of birth were filed after expiry of the
prescribed limitation period. In contrast, in the present case, the revisional
authority, upon examining the material on record, found that the application
submitted by respondent No.3 for change of date of birth was already pending
consideration when 1994 Amendment came into force and was, therefore, well
within the limitation period.
Municipal Council Neemuch vs Mahadeo Real Estate on 17 September, 2019
18. Furthermore, it was argued that the petitioner-Board has not
demonstrated any jurisdictional error, perversity, or violation of principles of
natural justice in the impugned order passed by the revisional authority. In the
absence of such grounds, this Court, in exercise of its writ jurisdiction, cannot
sit in appeal over the findings of fact duly recorded by the competent revisional
authority. Reliance in this regard is placed on the judgment of the Hon'ble
Supreme Court in Municipal Council, Neemuch Vs. Mahadeo Real Estate &
Ors., (2019) 10 SCC 738.
State Of Punjab vs Vk Khanna & Ors on 30 November, 2000
Relevant paragraphs of the judgment of the Hon'ble Supreme Court in
V.K. Khanna's case (supra), speaking through Justice Umesh C. Banerjee, are
reproduced as under:
Union Of India And Another vs Kunisetty Satyanarayana on 22 November, 2006
37. A two-Judge Bench of the Hon'ble Supreme Court in Kunisetty
Satyanarayana's case (supra), speaking through Justice Markandey Katju has
observed as follows:
M/S. South Indian Bank Ltd. vs Naveen Mathew Philip on 17 April, 2023
36. In the present case, the revisional authority's order rests on a
meticulous process of verification. Upon examining the material on record, a
fair and reasoned conclusion was reached that the application was initially
submitted on 06.05.1994 and not at the fag end of service. The claim was thus
found to have been made in accordance with the prescribed procedure and
within the time stipulated under the applicable rules. This Court does not find
any error apparent on the face of the record, therefore, in view of the decision
of the Hon'ble Supreme Court in Naveen Mathew Philip's case (supra), no
ground is made out for interference with the order passed by the revisional
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authority.
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
"13. A writ of certiorari is to be issued over a decision when the
court finds that the process does not conform to the law or
statute. In other words, courts are not expected to substitute
themselves with the decision-making authority while finding
fault with the process along with the reasons assigned. Such a
writ is not expected to be issued to remedy all violations. When a
tribunal is constituted, it is expected to go into the issues of fact
and law, including a statutory violation. A question as to whether
such a violation would be over a mandatory prescription as
against a discretionary one is primarily within the domain of the
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Tribunal. So also, the issue governing waiver, acquiescence, and
estoppel. We wish to place reliance on the decision of this Court in
Hari Vishnu Kamath v. Syed Ahmad Ishaque [Hari Vishnu Kamath
v. Syed Ahmad Ishaque, (1954) 2 SCC 881 : (1955) 1 SCR 1104] :