Most Rev. P.M.A Metropolitan v. Mar Marthoma 1995 Supp (4) 286, that the plea of bar of jurisdiction of Civil Court can be raised even at the stage of Supreme Court directly.
Friday, January 27, 2017
Plea of Jurisdiction can be raised at any stage
Wednesday, January 25, 2017
Review cannot be moved after moving Appeal
In Kabari (P) Ltd. v. Shivnath Shroff [(1996) 1 SCC 690 : AIR 1996 SC 742]:Court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the selfsame relief, for the reason that for the selfsame relief two parallel proceedings before the two forums cannot be taken.
However: where the matter has been decided by a non-speaking order in limine the party may approach the High Court by filing a review petition. National Housing Coop. Society Ltd. v. State of Rajasthan [(2005) 12 SCC 149] .
Promotion should be challenged within 6 months or at most a year
PS Sadasivaswamy v. State of TN, (1975) 1 SCC 152
Statutory rules cannot be amended by Executive instructions, but filling of gaps is permissible
Sant Ram Sharma v. State of Rajasthan, AIR 1967 Supreme Court 1910 (Consti. Bench)
When High Court has condoned delay, not proper for Supreme Court at SLP stage to dismiss on that ground
Dayal Singh v. Union of India, (2003) 2 SCC 593
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