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 jurisprudenceJurisprudence It is a branch of philosophy, that discusses the legality of Law. Oppenheimer v Cattermole (1976), the court considered the question of whether a Nazi law was so iniquitous that it should refuse to recognise it as a law, thus raising the connection between the concepts of law and morality. 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 processAbuse of process It is found where the judicial process is used as a means of vexation and oppression in the process of litigation. 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.

• Rahimal Bathu & Ors. Vs Ashiyal Beevi (27/9/2023) - A revisional court not to entertain a revision against an order rejecting on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. an application for review of an appealable decree, which is, if the revisional court sets aside or modifies or alters a trial court's decree, the decree of the trial court would merge in the one passed by the revisional court. In consequence, the right of the party aggrieved by the trial court's decree to file an appeal would get affected.
• 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 jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. 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...
• Review by Supreme Court - Power of Review: The Supreme Court under Article 137 of the Constitution of IndiaIndia Bharat...
• 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...
• 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 InvestigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. 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...
• 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 judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) 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...
• Rupa Ashok Hurra Versus Ashok Hurra and another-10/04/2002 - Whether an aggrieved person is entitled to any relief against a final judgmentJudgment The statement...
• 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...
• 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....