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1 - 10 of 43 (0.51 seconds)Moran Mar Basselios Catholicos And ... vs The Most Rev. Mar Poulose Athanasius And ... on 21 May, 1954
In Moran Mar Basselios Catholicos (supra), [Moran Mar Basselios
Catholicos v Most Rev. Mar Poulose Athanasius ((1955) 1 SCR 520 : AIR
1954 SC 526)] the controversy concerned a statement made by the
judges of the Full Bench of the High Court of Travancore (per majority of
two judges) that the defendants' advocate had conceded that the
plaintiffs had not left the Church and they were as good members of the
Church as anybody else. It was the case of the defendants (the review
petitioners) that this statement was said to be inaccurate, incomplete
and misleading.
The Air (Prevention And Control Of Pollution) Act, 1981
Section 114 in The Code of Civil Procedure, 1908 [Entire Act]
Debi Prasad And Ors. vs Khelawan And Ors. on 30 September, 1955
The same view
has been reiterated in Debi Prasad & Ors Vs. Khelawan & Ors, AIR
1957 All.
S. Nagaraj And Ors. vs State Of Karnataka And Anr. on 26 August, 1993
The power of
review inheres in every Court of plenary jurisdiction to prevent
miscarriage of justice or to correct grave and palpable errors committed
by it. (Vide Shivdeo Singh & Ors. Vs. State of Punjab & Ors., AIR 1963
SC 1909; Aribam Tuleshwar Sharma Vs. aribam Pishak Sharma &
Ors., AIR 1979 SC 1047; Union Carbide Corporation Vs. Union of India
& Ors., AIR 1992 SC 248; S. Nagaraj & Ors. (Supra); Parision Devi &
Ors Vs. Sumitri Devi & Ors., (1997) 8 SCC 715; Surjit Singh & Ors. Vs.
Union of India & Ors., (1997) 10 SCC 592; Revenue Divisional Officers
& Ors Vs. A. Aruna & Ors., (1998) 6 SCC 494; & Rajendra Kumar & Ors.
Vs. Rambhal & Ors., AIR 2003 SC 2095).
The Oriental Insurance Co. Ltd. And Anr. vs Gokulprasad Maniklal Agarwal & Anr. on 20 August, 1999
The same view has been reiterated
by the Hon'ble Apex Court in Oriental Insurance Co. Ltd. & Anr. Vs.
Gokulprasad Maniklal Agarwal & Anr. (1999) 7 SCC 578.
The Nalagarh Dehati Co-Operative ... vs Beli Ram Etc. on 29 August, 1980
8. A Full Bench of the Himachal Pradesh High Court, in D. Nalagarh
Dehati Co-operative Transport Society Ltd., Nalagarh Vs. Beli Ram, AIR
1981 HP 1, considered the scope of review and held that not
considering an existing judgment of the Hon'ble Supreme Court may
be a ground of review and for the same it placed reliance upon the
judgments of the Privy Council in Rajah Kotagiri Venkata Subbamma
Rao Vs. Rajah Vellanki Venkatrama Rao, (1900) 27 IA 197 (PC),
wherein it was held that the purpose of review, inter alia, is to correct
an apparent error which should not have been there when the
judgment was given.
Sir Hari Shankar Paul, Kt. vs Kedar Nath Saha on 25 April, 1939
The Court also placed reliance upon the
judgment of the Federal Court in Sir Hari Sankar Pal & Anr. Vs. Anath
Nath Mitter & Ors., 1949 FC 106 wherein it was held as under:-
Thadikulangara Pylee'S Son Pathrose vs Ayyazhiveettil Lakshmi Amma'S Son ... on 5 July, 1968
In Thadikulangara Pylee's Son Pathrose Vs. Ayyazhiveettil Lakshmi
Amma's son Kuttan & Ors., AIR 1969 Ker 186, the Kerala High Court
considered a review application which was filed on the ground of
subsequent judgment of the Court and dismissed the same observing
as under:-