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1 - 8 of 8 (0.30 seconds)The Companies Act, 1956
The Limitation Act, 1963
Thungabhadra Industries Ltd vs The Government Of Andhra Pradesh on 22 October, 1963
``13. In order to appreciate the scope of a review, Section 114 CPC has
to be read, but this section does not even adumbrate the ambit of
interference expected of the court since it merely states that it "may make
such order thereon as it thinks fit". The parameters are prescribed in
Order 47 CPC and for the purposes of this lis, permit the defendant to
press for a rehearing "on account of some mistake or error apparent on
the face of the records or for any other sufficient reason". The former
part of the rule deals with a situation attributable to the applicant, and
the latter to a jural action which is manifestly incorrect or on which two
conclusions are not possible. Neither of them postulate a rehearing of the
dispute because a party had not highlighted all the aspects of the case or
could perhaps have argued them more forcefully and/or cited binding
precedents to the court and thereby enjoyed a favourable verdict. This is
amply evident from the Explanation to Rule 1 of Order 47 which states
that the fact that the decision on a question of law on which the judgment
of the court is based has been reversed or modified by the subsequent
IA No.254/2024 in TA (AT) No.38/2021 (CA(AT)(INS) No.80/2021) Page 6 of 11
decision of a superior court in any other case, shall not be a ground for
the review of such judgment. Where the order in question is appealable
the aggrieved party has adequate and efficacious remedy and the court
should exercise the power to review its order with the greatest
circumspection. This Court in Thungabhadra Industries Ltd. v. Govt. of
A.P. [(1964) 5 SCR 174 : AIR 1964 SC 1372] held as follows : (SCR p.
Section 114 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Ram Pyare (Dead) Through Lr vs The Deputy Director Of Consolidation on 11 March, 2022
"In our opinion Section 41 of the Act only makes applicable the
provisions of Chapters IX and X of the U.P. Land Revenue Act to
proceedings initiated under the U.P. Consolidation of Holdings
Act, including proceedings of appeal and revision. Once the
proceedings are initiated under this Act, the procedure laid down
in Chapters IX and X shall apply. Section 41, however, does not
authorise the initiation of proceedings not contemplated or
authorised by the Act. The power of review has to be specifically
conferred and unless there is a provision in the Act permitting
initiation of such proceedings the question of applicability of
procedure laid down in Chapters IX and X of the U.P. Land
Revenue Act does not arise.
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