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Thungabhadra Industries Ltd vs The Government Of Andhra Pradesh on 22 October, 1963

In the case of M/s Thungabhadra Industries Ltd. Vs. Government of A.P., AIR 1964 SC 1372, the Supreme Court was required to consider the provisions of Order 47 Rule 1(1) of the Code. It was a case where the applicant filed an application for Special Leave to Appeal during the pendency of the application for review of the order of the High Court refusing to grant certificate under Article 133 of the Constitution. There was delay in filing the application for Special Leave to Appeal. The appellate court refused to condone the delay so that the petition for Special Leave to Appeal never came to be filed before the Supreme Court. The High Court rejected the application for review on the ground that the Special Leave Petition has been dismissed. The apex Court, after considering the facts and circumstances, held that in the circumstances, the refusal of the Supreme Court to entertain the application for special leave did not bar the jurisdiction of the High Court to decide the review petition nor could it be a relevant matter in deciding it. The High Court, therefore, was not justified in rejecting the application on this ground.
Supreme Court of India Cites 10 - Cited by 784 - N R Ayyangar - Full Document

Nainsingh vs Koonwarjee And Others on 2 April, 1970

In the case of Nainsingh Vs. Koonwarjee and ors., AIR 1970 SC 997, the apex Court, considering the facts of the case, ruled that the Court cannot make use of the special provisions of section 151 of the Code where a party had his remedy provided elsewhere in the Code and he neglected to avail himself of the same. Similarly, in the case of Patel Narshi Thakershi and ors. Vs. Pradyumansinghji Arjunsinghji, AIR 1970 SC 1273, while reiterating the principle, held that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication.
Supreme Court of India Cites 4 - Cited by 66 - K S Hegde - Full Document

Kabari Pvt. Ltd vs Shivnath Shroff And Ors on 1 December, 1995

In the case of M/s Kabari Pvt. Ltd. Vs. Shivnath Shroff and ors., AIR 1996 SC 742, the apex Court, while negativing the contention of the learned Counsel for the appellant, held that the expression "from which appeal is allowed" appearing in clause (a) of Order 47 Rule 1 of the Code should be construed liberally keeping in mind the underlying principle of Order 47 Rule 1 that before making review application, no superior court has been moved for getting the self same relief so that for the self same relief, two parallel proceedings before two forum are not taken.
Supreme Court of India Cites 5 - Cited by 20 - G N Ray - Full Document

Smt. Meera Bhanja vs Smt. Nirmala Kumari Choudhury on 16 November, 1995

In the case of Smt.Meera Bhanja Vs. Smt. Nirmala Kumari Choudhary, AIR 1995 SC 455, the apex Court held that the review court not to act as an appellate court.Giving meaning of the word "Error apparent on face of record", the apex court held that the error which strikes one on mere looking at record and would not require any long drawn process of reasoning on points where there may conceivably be two opinions.
Supreme Court of India Cites 6 - Cited by 495 - S B Majmudar - Full Document

Atulbhai Balabhai Patel vs State Of Gujarat on 12 May, 1999

19. The aforesaid decision is followed in the subsequent case of Atulbhai Balabhai Patel Vs. State of Gujarat and ors., 2000(1) GLR 553 wherein this Court was required to consider the provisions of section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 which gives the tribunal the power to hear the revision application. Under the said head, there is no power to review its own. This Court has held that the power of review of a procedural nature (not substantial review) is ex debito justiciae presumed to have been conferred on every judicial authority.
Gujarat High Court Cites 26 - Cited by 10 - M S Shah - Full Document
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