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1 - 10 of 29 (0.58 seconds)Section 69 in The Indian Partnership Act, 1932 [Entire Act]
Section 69 in The Customs Act, 1962 [Entire Act]
Municipal Corporation Of Greater ... vs Pratibha Industries Limited on 4 December, 2018
Suffice it to record that the decision of the Supreme Court in
Pratibha Industries' case was dealing with a situation where the learned
Signature Not Verified
ARB.P. 137/2019 Page 22 of 29
Digitally Signed By:GAURAV
SHARMA
Signing Date:18.01.2023
18:21:48
NEUTRAL CITATION NO: 2023/DHC/000376
Single Judge had exercised power of a Court because it was passed in an
application filed under Section 9 of the Act.
Section 19 in The Customs Act, 1962 [Entire Act]
Section 42 in The Customs Act, 1962 [Entire Act]
M/S Jain Studios Limited Through Its ... vs Shin Satellite Public Co. Ltd on 11 July, 2006
Furthermore, in
its decision titled as Jain Studios Ltd. vs. Shin Satellite Public Co. Ltd.;
(2006) 5 SCC 501, the position with respect to breadth and depth of
judicial review of orders passed under section 11 of the Act, 1996 is no
longer res integra. The court‟s jurisdictional ability to review the orders
under section 11 of the Act, 1996 has no influence whatsoever on
substantive concerns or questions touching upon the merits of the case,
such as the jurisdiction of a Tribunal or the validity of evidence.
State Of West Bengal vs Associated Contractors on 10 September, 2014
35. Thus, in light of the judgments and submissions referred above, it
is imperative that the position with respect to review is clear.
Conclusively, judicial review of Section 11 orders is no longer res
integra. Courts can examine orders with procedural irregularities such
wrong hearing dates, no notification, etc. Furthermore, the Courts'
competence to review Section 11 orders is unaffected by substantive
concerns like a Tribunal's jurisdiction or the authenticity of evidence.
Issue iii: What is the scope of review and whether the present
application seeking review of Order dated 2 nd September, 2019 be
allowed?
Moran Mar Basselios Catholicos And ... vs The Most Rev. Mar Poulose Athanasius And ... on 21 May, 1954
The words "any other sufficient reason" have been
interpreted in Chhajju Ram v. Neki18 and approved by this
Court in Moran Mar Basselios Catholics v. Most Rev. Mar
Poulose Athanasius19 to mean "a reason sufficient on
grounds at least analogous to those specified in the rule".
Union Of India vs Sandur Manganese & Iron Ores Ltd. & Ors on 23 April, 2013
The same principles have been reiterated in Union of India
v. Sandur Manganese & Iron Ores Ltd.25
20.2When a review will not be maintainable: