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Friday, August 29, 2014
Appeal from dismissal on default
Thursday, August 28, 2014
Recall of Ex Parte Order by Labour Court
Hindustan Tobacco Company v. First Labour Court, West Bengal , 1995 1 CHN 398 (Calcutta High Court)
An ex parte order passed by the Labour can be recalled by it under inherent powers to adopt its own procedure
But power of review is to be expressly conferred (2005) 13 SCC 777.
Sunday, August 24, 2014
How should courts consider judgments
In Haryana Financial Corporation v. Jagdamba Oil Mills [ 2002 (46) ALR 717 (SC).] , the Hon'ble Apex Court held that Courts should not place reliance on decisions without discussing as to how the factual situation fits-in with the fact situation of the decision relied upon
Value of CAG Reports
Arun Kumar Agrawal v. Union of India, (2013) 7 SCC 1 at page 24
68. We may, however, point out that since the report is from a constitutional functionary, it commands respect and cannot be brushed aside as such, but it is equally important to examine the comments what respective Ministries have to offer on the CAG's Report. The Ministry can always point out, if there is any mistake in the CAG's report or the CAG has inappropriately appreciated the various issues. For instance, we cannot as such accept the CAG report in the instance case.