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Haridas Das vs Smt. Usha Rani Banik & Ors on 21 March, 2006

11. Before dwelling into the facts of the present case and adjudicating upon the contentions advanced by the contesting parties, this Court deems it fit to recall the parameters of a Court exercising its review jurisdiction. The Apex Court in Haridas Das vs. Usha Rani Banik, (2006) 4 SCC 78, while considering the scope and ambit of Section 114 CPC read with Order 47 Rule 1 CPC observed as under:
Supreme Court of India Cites 11 - Cited by 171 - A Pasayat - Full Document

Shivdeo Singh & Ors vs State Of Punjab & Ors on 8 February, 1961

On an appeal to this Court it was held as under : (SCC p. 390, para 3) "It is true as observed by this Court in Shivdeo Singh v. State of Punjab [AIR 1963 SC 1909] there is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the Signature Not Verified Signed By:RAHUL O.M.P. (COMM) 42/2019 & O.M.P. (COMM) 43/2019 Page 18 of 32 SINGH Signing Date:04.05.2026 19:33:29 exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court."
Supreme Court of India Cites 2 - Cited by 564 - Full Document
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