Revisional - Law Dictionary Search Results
Home Dictionary Name: revisionalAs he thinks fit
As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....
Revisional
Of or pertaining to revision revisory...
According to law
According to law, the High Court under the revisional jurisdiction is obliged to test the order of the Rent Controller on the touchstone of 'whether it is according to law' and for that limited purpose may enter into re-appraisal of evidence for the purpose of ascertaining whether the conclusion arrived at by the Rent Controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. Chandrika Prasad v. Umesh Kumar Verma, (2002) 1 SCC 531 (534): AIR 2002 SC 108.According to law, judgment leading to a miscarriage of justice is not a judgment according to law, Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222....
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Subordinate
Subordinate, by the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the function with which the business or transaction is concerned, R.G. Jacob v. Republic of India, AIR 1963 SC 550 (553): (1963) 3 SCR 800. (Indian Penal Code, 1860, s. 165)1. Placed in or belonging to a lower rank, class or position. 2. Subject to another's authority or control, Black's Law Dictionary, 7th Edn., p. 1439.Subordinate, is not a term of art and in its dictionary meaning, it connotes several ideas including holding of secondary or subservient position, Toesh Kumar v. State of Bihar, 1985 BLJR 19.Means a court can be said to be subordinate to another court only if the latter court has appellate or revisional jurisdiction or power of Superinten-dence given to it by some statutory provision over the former court, Bishambar Nath v. Achal Singh, AIR 1932 All 651: 1932 All L...
While disposing of the appeal
While disposing of the appeal, reference or revision, the change in phrasology clearly suggests that Parliament did not intend to prescribe any limitation on the powers of the appellate Court or revisional Court; the words are not 'when convicting' or 'when upholding the conviction' but the words are while disposing of the appeal, reference or revision' and these would mean in continuation of the disposal of the appeal, reference or revision and these words cannot be regarded as importing a limitation on the power to the effect that such order must be incorporated in the body of the judgment disposing of the appeal, reference or revision, H.P. Gupta v. Manohar Lal, AIR 1979 SC 443: (1979) 2 SCC 486: (1979) 2 SCR 208. [Criminal Procedure Code, 1973, s. 456(2)]...
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