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.
- What is the scope of High Court’s power of review - There is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it.
- Explain Court’s review power u/s 114 read with O 47 R 1 CPC - Shri Ram Sahu (D) through LRS. & Ors. Vs. Vinod Kumar Rawat & Ors-03/11/2020 Supreme Court of India [Civil Appeal No. 3601 of 2020 @ Special Leave Petition (Civil) No. 28150 of 2017] Division Bench Review power of courts Extract
- Review by Supreme Court - Power of Review: The Supreme Court under Article 137 of the Constitution of India has the power to review any judgment pronounced, or any order made by it. Review Petitions are disposed of by circulation as per listing procedures. However,
- Year End Review 2019 – Ministry of Agriculture, Cooperation and Farmers Welfare - Launch of PM KISAN scheme; 8.12 crore beneficiaries registered till date Launch of farmers’ pension scheme PM Kisan Maan Dhan Yojana; Over 19 lakh beneficiaries registered till date Government constitutes a High Powered Committee of Chief Ministers for ‘Transformation of
- SC dismisses Rafale review petitions said perception of individuals cannot be basis of a fishing and roving enquiry- 14/11/2019 - Yashwant Sinha & Ors. Vs Central Bureau Of Investigation through its Director & Anr-We find no reason for any intervention by this Court on the sensitive issue of purchase of 36 defence aircrafts by the Indian Government. Perception of individuals cannot be the basis of a fishing and roving enquiry by this Court, especially in such matters. We, thus, dismiss all the writ petitions.
- M/s. Thungabhadra Industries Ltd Versus The Government of Andhra Pradesh – 22/10/1963 - A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error.
- 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
- Criminal Court has no power of review judgment after passing it -SC - criminal justice delivery system does not clothe the court to add or delete any words, except to correct the clerical or arithmetical error as specifically been provided under the statute itself after pronouncement of the judgment as the Judge becomes functus officio.
- Only National Commission(Consumer)has power to review its ex-prate orders. - The legislature chose to give the National Commission power to review its ex prate orders. Before amendment, against dismissal of any case by the Commission, the consumer had to rush to this Court. The amendment in Section 22 and introduction of Section 22A were done for the convenience of the consumers. We have carefully ascertained the legislative intention and interpreted the law accordingly.
- Only High Court can alter or review its judgment before it is signed in criminal matter - Moreover, the prohibition contained in Section 362 Code of criminal Procedure. is absolute; after the judgment is signed, even the High Court in exercise of its inherent power under Section 482 Code of criminal Procedure.
- Sivakami & Ors. Vs. State of Tamil Nadu & Ors.[ALL SC 2018 MARCH] - KEYWORDS:- DISTINCTION BETWEEN APPEAL AND REVIEW- DATE:- March 12, 2018 The scope of the appellate powers and the review powers are well defined. The power of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is very
- Rupa Ashok Hurra Versus Ashok Hurra and another-10/04/2002 - Whether an aggrieved person is entitled to any relief against a final judgment/order of this Court, after dismissal of review petition, either under Article 32 of the Constitution or otherwise? Date:-10-04-2002- AIR 2002 SC 1771 : (2002) 2 SCR 1006
- P.N. Eswara Iyer Vs The Registrar, Supreme Court of India-01/02/1980 - Supreme Court widened the scope of review in criminal proceedings DATE:-01-02-1980 An oral hearing is mandatory in all classes of cases and at every stage of every case is a proposition to which we find ourselves unable to accede A
- Rajeeb Gandhi Murder Case – Review Prayer by Accused dismissed - 08-10-1999 The conviction and sentence passed by the trial Court of the offences under Ss. 212 and 216 of the Indian Penal Code, S. 14 of the Foreigners Act, 1946, S. 25(1-B) of the Arms Act, S. 5 of the
- - 07-06-2012 Nupur Talwar Vs. Central Bureau of Investigation & ANR. [Review Petition (CRL.) No. 85 of 2012 in Criminal Appeal No. 68 of 2012] O R D E R 1. The instant controversy emerges out of a double murder, committed
You must be logged in to post a comment.