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M/S Daimler Chrysler India Private ... vs M/S Kloeckner Desma Machinery Pvt Ltd on 6 March, 2020
cites
Rajender Singh vs Lt. Governor, Andaman & Nicobar Islands ... on 4 October, 2005
(2) Rajender Singh v. Lt. Governor, Andaman & Nicobar Island
& Anr., reported in (2005) 13 SCC 289.
Raghwendra Sharan Singh vs Ram Prasanna Singh(Dead) on 13 March, 2019
(3) Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead)
by LRs., 2019 SCC OnLine SC 372.
Perry Kansagra vs Smriti Madan Kansagra on 15 February, 2019
To substantiate his submission, a recent decision of the Apex
Court in the case of Perry Kansagra v. Smriti Madan
kansagra, reported in 2019 (0) AIJELSC 63646 is pressed into
service and requested the Court not to entertain the review
application.
Ajit Kumar Rath vs State Of Orissa & Ors on 2 November, 1999
14. As regards the first issue, relying on the decisions of
this Court in Inderchand Jain (dead) through Lrs. vs.
Motilal (dead) through Lrs. 2, Ajit Kumar Rath vs. State of
Orissa and others 3 and Parsion Devi and others vs.
Sumitri Devi and others4, it was submitted by the
appellant that the exercise of review jurisdiction was not
warranted at all. In Inderchand Jain it was observed in
paras 10, 11 and 33 are as under:
"10. It is beyond any doubt or dispute that the review
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C/CRA/403/2016 IA ORDER
court does not sit in appeal over its own order. A
rehearing of the matter is impermissible in law. It
constitutes an exception to the general rule that once a
judgment is signed or pronounced, it should not be
altered. It is also trite that exercise of inherent jurisdiction
is not invoked for reviewing any order.
Parsion Devi & Ors vs Sumitri Devi & Ors on 14 October, 1997
14. As regards the first issue, relying on the decisions of
this Court in Inderchand Jain (dead) through Lrs. vs.
Motilal (dead) through Lrs. 2, Ajit Kumar Rath vs. State of
Orissa and others 3 and Parsion Devi and others vs.
Sumitri Devi and others4, it was submitted by the
appellant that the exercise of review jurisdiction was not
warranted at all. In Inderchand Jain it was observed in
paras 10, 11 and 33 are as under:
"10. It is beyond any doubt or dispute that the review
Page 4 of 6
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C/CRA/403/2016 IA ORDER
court does not sit in appeal over its own order. A
rehearing of the matter is impermissible in law. It
constitutes an exception to the general rule that once a
judgment is signed or pronounced, it should not be
altered. It is also trite that exercise of inherent jurisdiction
is not invoked for reviewing any order.
Lily Thomas, Etc. Etc. vs Union Of India & Ors. on 5 April, 2000
In Lily Thomas v.
Union of India this Court held: (SCC p. 251, para 56)
"56. It follows, therefore, that the power of review can
be exercised for correction of a mistake but not to
substitute a view. Such powers can be exercised within
the limits of the statute dealing with the exercise of
power. The review cannot be treated like an appeal in
disguise." ..............................
Section 5 in The Limitation Act, 1963 [Entire Act]
Section 14 in The Limitation Act, 1963 [Entire Act]
The Nalagarh Dehati Co-Operative ... vs Beli Ram Etc. on 29 August, 1980
(1) The Nalagarh Dehati Cooperative Transport Society Ltd.,
Nalagarh v. Beli Ram etc., reported in AIR 1981 HP 1.