Judicial Dictionary

Review

In S. Nagaraj and others vs. State of Karnataka and another (1993) 4 Suppl. SCC 595 seems to be rather apposite. Supreme Court in paragraph 19 of the report, upon relying on the fundamental principles of jurisprudence that justice is above all, stated as below ;

“Review literally and even judicially means re-exemption or re-consideration. Basic philosophy inherent in it is the universal acceptance of human fallibility. Yet in the realm of law the Courts and even the statutes lean strongly in favour of finality of decision legally and properly made. Exceptions both statutorily and judicially have been carved out to correct accidental mistakes or miscarriage or justice. Even when there was no statutory provision and no rules were framed by the highest Court indicating the circumstances in which it could rectify its order the Courts culled out such power to avoid abuse of process or miscarriage of justice. In Raja Prithwi Chand Lal Choudhury vs. Sukhraj Rai (AIR 1941 FC 1, 2 : 1940 FCR 78 : (1941) 1 MLJ Supp 45) the Court observed that even though no rules had been framed permitting the highest Court to review its order yet it was available on the limited and narrow ground developed by the Privy Council and the House of Lords. The Court approved the principle laid down by the Privy Council in Rajunder Narain Rae vs. Bijai Govind Singh (1836) 1 Moo PC 117 : 2 MIA 181 : 1 Sar 175) that an order made by the Court was final and could not be altered.


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