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See Also:
- APPEAL - Interference With The Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"For this Court to interfere, the circumstance must be such that the findings of fact are patently erroneous and it would be travesty of justice to allow the findings to…
- COURT: Exercise of Discretion - Duty of Court to exercise its discretion judiciously and judicially
“The Law is settled that an application of this nature is not granted as a matter of course. A grant or refusal of an application is purely at the discretion…
- APPEAL: Exercise of Discretion - Circumstances in which the appellate court will interfere with the exercise of discretion made by a trial court
"It is well settled that if judicial discretion has been exercised bonafide uninfluenced by irrelevant considerations and not arbitrarily or illegally by the lower Court, an appeal Court will not…
- JURISDICTION: Basis Of Exercise Of Jurisdiction Of Court
"The jurisdiction of this Court cannot be exercised in vacuum; it must be based on resolved issues before it. No binding decision of the lower Court can arise without it…
- APPEAL - Interference with the Exercise of Discretion - At what instance will the exercise of discretion by a lower court be interfered with
"It is a well established principle of law that all judicial discretions must be exercised according to common sense and according to justice, and, if there is any miscarriage of…