Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections
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1 - 10 of 174914 (0.03 seconds)Section 20 in The Specific Relief Act, 1963 [Entire Act]
following are cases in which the court may properly exercise discretion not to decree specific performance:— (a) where the terms of the contract ... time of the contract. (3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts
The Printers (Mysore) Private Ltd vs Pothan Joseph on 27 April, 1960
matter of right. But the discretion vested in
the court is a judicial discretion and must be exercised as
such in the facts and circumstances ... judicial discretion. As was
observed by Bowen, L. J., in Gardner v. Jay (1) " that
discretion, like other judicial discretion, must be
exercised according
Ramji Dayawala & Sons (P) Ltd vs Invest Import on 9 October, 1980
court has
a discretion in the matter, the appellate court would not
ordinarily substitute its discretion in place of the
discretion exercised by the trial ... court has a discretion in the matter, the appellate court
would not ordinarily substitute its discretion in place of
the discretion exercised by the trial
Hindustan Steels Ltd., Rourkela vs A. K. Roy & Ors on 18 December, 1969
Tribunal were to exercise down by this
Court it would be a case either of no exercise of discretion
or of one not legally exercised ... Court in exercise of its jurisdiction can interfere and
cannot be content by simply saying, that since the Tribunal
has exercised its discretion, it will
Reliance Airport Developers Pvt. Ltd vs Airports Authority Of India And Ors on 7 November, 2006
that even if
a person has a discretion to do something the said
discretion has to be exercised within the limit allowed by
positive rules ... consequences the statutory
discretion must be truly exercised, and when exercised it
must be exercised reasonably. (MAXWELL).
Discretion, said Lord MANSFIELD in R. v. Wilkes
Shyam Sel And Power Limited vs Shyam Steel Industries Limited on 14 March, 2022
parties for its default or an order exercising
discretion in respect of a procedural matter against
one party or the other. Such orders are purely ... discretion of the court
of first instance and substitute its own discretion
except where the discretion has been shown to have
been exercised arbitrarily
U.P.State Road Transport Corporation ... vs Mohd. Ismail And Ors on 11 April, 1991
rules
to regulate exercise of discretion, it cannot however deny
itself the discretion which the statute requires it to
exercise in individual cases. The concerned ... regulate exercise
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of discretion it cannot, however, deny itself the discretion
which the statute requires it to exercise in individual
cases. The concerned authority
Panjabrao Ganpatrao Borade vs The State Of Maharashtra And Others on 9 March, 2015
exercise of power of judicial review by the Court and, therefore, no
mandamus can be issued to compel the Government to exercise discretion ... effect that while exercising jurisdiction of the judicial review, the
court does not exercise appellate powers but only examines whether the
discretion was exercised with
V. Purushotham Rao vs Union Of India & Ors on 19 October, 2001
discretion had been exercised on sufficient materials
and after inquiry and held those allotments to have been
proper exercise of the discretion and accordingly discharged ... fact an
exercise of discretion on germane materials or the discretion
has been exercised arbitrarily and for extraneous
considerations in which event the order emanated