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Sushil Kumar Sen vs State Of Bihar on 17 March, 1975 cites

Nibaran Chandra Sikdar vs Abdul Hakim And Ors. on 21 December, 1927

The appeal and the cross appeal were disposed of by the judgment of the High Court dated 16-2-1968. The High Court found that the Additional District Judge went wrong in entertaining the review and vacating (he judgment and decree dated 18-8-1961 but, nevertheless, it considered the appeal filed by the respondent on merits and dismissed the appeal and cross appeal thereby maintaining the compensation awarded for the land at the rate of Rs. 75/- per katha by the judgment and decree dated 26-9-1961 of the Additional District Judge. This 'appeal, on the basis of a certificate, is directed against the decree of the High Court, It is well settled that the effect of allowing an application for review of a decree, is to vacate, the decree passed. The decree that is subsequently passed on review, whether it modifies, reverses or confirms the decree originally passed, is a new decree superseding the original one (see Nibaran Chandra Sikdar v. Abdul Hakim(1), Kanhaiya Lal v. Baldev Prasad(2), Brijbaso Lal v. Salig Ram(3) and Pyari Mohan Kundu v. Kalu khan(4)].
Calcutta High Court Cites 3 - Cited by 12 - Full Document

Brijbasi Lal And Ors. And Piyare Lal vs Salig Ram And Ors. on 23 January, 1912

The appeal and the cross appeal were disposed of by the judgment of the High Court dated 16-2-1968. The High Court found that the Additional District Judge went wrong in entertaining the review and vacating (he judgment and decree dated 18-8-1961 but, nevertheless, it considered the appeal filed by the respondent on merits and dismissed the appeal and cross appeal thereby maintaining the compensation awarded for the land at the rate of Rs. 75/- per katha by the judgment and decree dated 26-9-1961 of the Additional District Judge. This 'appeal, on the basis of a certificate, is directed against the decree of the High Court, It is well settled that the effect of allowing an application for review of a decree, is to vacate, the decree passed. The decree that is subsequently passed on review, whether it modifies, reverses or confirms the decree originally passed, is a new decree superseding the original one (see Nibaran Chandra Sikdar v. Abdul Hakim(1), Kanhaiya Lal v. Baldev Prasad(2), Brijbaso Lal v. Salig Ram(3) and Pyari Mohan Kundu v. Kalu khan(4)].
Allahabad High Court Cites 1 - Cited by 12 - Full Document

Pyari Mohan Kundu vs Kalu Khan And Ors. on 12 February, 1917

The appeal and the cross appeal were disposed of by the judgment of the High Court dated 16-2-1968. The High Court found that the Additional District Judge went wrong in entertaining the review and vacating (he judgment and decree dated 18-8-1961 but, nevertheless, it considered the appeal filed by the respondent on merits and dismissed the appeal and cross appeal thereby maintaining the compensation awarded for the land at the rate of Rs. 75/- per katha by the judgment and decree dated 26-9-1961 of the Additional District Judge. This 'appeal, on the basis of a certificate, is directed against the decree of the High Court, It is well settled that the effect of allowing an application for review of a decree, is to vacate, the decree passed. The decree that is subsequently passed on review, whether it modifies, reverses or confirms the decree originally passed, is a new decree superseding the original one (see Nibaran Chandra Sikdar v. Abdul Hakim(1), Kanhaiya Lal v. Baldev Prasad(2), Brijbaso Lal v. Salig Ram(3) and Pyari Mohan Kundu v. Kalu khan(4)].
Calcutta High Court Cites 4 - Cited by 16 - Full Document
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