Case law
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Division and case type: CivilCivil Case
…impose conditions on itself that will fetter its discretion. 3.…
…As regards the exercise of discretion I must bear in mind the fundamentals which govern it. Firstly, in Patel v EA Cargo Handling Services Ltd [1974] EA 74 at 76 C and E.…
Division and case type: CivilCivil Case
…The discretion is unfeterred, subject only to the implied fetter upon all such discretions, namely that they should be exercised judicially. 3.…
…Under rule 1 of order XXV the court has discretion to order that security be furnished in any case where it thinks fit.…
Division and case type: CivilCivil Case
…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…
…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…
Division and case type: CriminalCase number Criminal Application
…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…
…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…
Division and case type: Constitutional and Human RightsPetition
…Mr Nagpal was of the view that court has discretion as seen by s.234 which gives general powers to the court to appoint liquidator or liquidators.…
…In Re North Wales Gunpowder case (supra) Lindley J ( who had earlier in Jushua Stubbs case (supra) had held that court had discretion to appoint a liquidator) had this to say consequent upon new Act of 1890:- “The language…
Division and case type: CivilCivil Case
…clause 32 of the main contract the parties to the main contract are entitled to refer all matters arising out of the contract to arbitration which matters are said to include “any matter or thing left by this contract to the discretion…
Division and case type: CivilCivil Case
…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…
Division and case type: CivilCivil Appeal
…1980 un-reported) that “the Court goes by the principle that such an ex-parte judgment having been entered neither upon merits of the case nor by consent of the parties is subject to the Court’s power of revocation at its discretion…