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1 - 10 of 42 (0.24 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
18
R.A. No.11/2025(CZ) Jodhpura Sangarsh Samiti Vs. Union of India & Ors.
Section 30 in The Code of Civil Procedure, 1908 [Entire Act]
Section 114 in The Code of Civil Procedure, 1908 [Entire Act]
A.K. Gopalan vs The State Of Madras.Union Of India: ... on 19 May, 1950
The aforesaid limitations are prescribed in a crystal clear language
and before a party submits that it had discovered a new and important
matter or evidence which could not be produced at the earlier stage,
the condition precedent for entertaining the review would be to record
the finding as to whether at the initial stage, the party has acted with
due diligence. "Due" means just and proper in view of the facts and
circumstances of the case (vide A.K. Gopalan Vs. State of Madras, AIR
1950 SC 27).
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
To sum up, the substance of the said judgments is that the entire
concept of writ jurisdiction is founded on equity and fairness and if the
Court has committed a mistake, it should be removed entertaining a
review application so that the result may not lead to miscarriage of
justice, as rectification of an order stems from the fundamental
principles that justice is above all. Provisions of Order XLVII Rule 1,
C.P.C. permits the review even on the mistake of fact or even on
ignorance of material fact. The review jurisdiction should be exercised
to prevent miscarriage of justice or to correct grave and palpable errors
committed by the Court. 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
7. 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:-