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A suit for recovery of possession and mesne profits resulted in a decree dated 09-01-2024, which was declared a nullity by the Division Bench on the ground that it had been decided by a Judge lacking the requisite commercial roster under the Commercial Courts Act, 2015.
“The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.”
“Petitioner did not sign the pre-receipts, mandatory for drawing salary, and also did not submit his bank details. The petitioner’s own conduct and non-cooperative attitude contributed to the delay in release of payments.”
“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.
“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.
“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
Punjab and Haryana High Court: A Division Bench of Daya Chaudhary and Sudhir Mittal, JJ. dismissed the review application filed by a