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1 - 10 of 44 (1.00 seconds)Article 226 in Constitution of India [Constitution]
Aribam Tuleshwar Sharma vs Aribam Pishak Sharma And Ors. on 25 January, 1979
Relying upon the judgments
in Aribam [Aribam Tuleshwar Sharma v. Aribam Pishak
Sharma, (1979) 4 SCC 389] and Meera Bhanja [Meera
Bhanja v. Nirmala Kumari Choudhury, (1995) 1 SCC 170] it
was observed as under : (SCC p. 719, para 9)
'9. Under Order 47 Rule 1CPC a judgment may be open to
review inter alia if there is a mistake or an error apparent on
the face of the record. An error which is not self-evident
self evident and
has to be detected b by
y a process of reasoning, can hardly be
said to be an error apparent on the face of the record
justifying the court to exercise its power of review under
Order 47 Rule 1CPC. In exercise of the jurisdiction under
Order 47 Rule 1CPC it is not permissible for an erroneous
decision to be 'reheard and corrected'. A review petition, it
must
7.2.
Article 215 in Constitution of India [Constitution]
Section 114 in The Code of Civil Procedure, 1908 [Entire Act]
Section 114 in Government of India Act, 1935 [Entire Act]
Meera Bhanja vs Nirmala Kumari Choudhury on 16 November, 1994
Relying upon the judgments
in Aribam [Aribam Tuleshwar Sharma v. Aribam Pishak
Sharma, (1979) 4 SCC 389] and Meera Bhanja [Meera
Bhanja v. Nirmala Kumari Choudhury, (1995) 1 SCC 170] it
was observed as under : (SCC p. 719, para 9)
'9. Under Order 47 Rule 1CPC a judgment may be open to
review inter alia if there is a mistake or an error apparent on
the face of the record. An error which is not self-evident
self evident and
has to be detected b by
y a process of reasoning, can hardly be
said to be an error apparent on the face of the record
justifying the court to exercise its power of review under
Order 47 Rule 1CPC. In exercise of the jurisdiction under
Order 47 Rule 1CPC it is not permissible for an erroneous
decision to be 'reheard and corrected'. A review petition, it
must
7.2.
The Limitation Act, 1963
Moran Mar Basselios Catholicos And ... vs The Most Rev. Mar Poulose Athanasius And ... on 21 May, 1954
22) 49 IA 144 : AIR 1922 PC 112] and approved by
this
is Court in Moran Mar Basselios Catholicos v. Mar Poulose
Athanasius [Moran Mar Basselios Catholicos v. Mar Poulose
Athanasius, AIR 1954 SC 526] .
Sow Chandra Kanta And Another vs Sheik Habib on 13 March, 1975
145. In a civil proceeding, an application for review is
entertained only on a ground mentioned in Order 47 Rule 1
of the Code of Civil Procedure, and in a criminal proceeding
on the ground of an error apparent on the face of the record
(Order 40 Rule 1, Supreme Court Rul
Rules,
es, 1966). But whatever
the nature of the proceeding, it is beyond dispute that a
review proceeding cannot be equated with the original
hearing of the case, and the finality of the judgment
delivered by the Court will not be reconsidered except
"where a glaring
glaring omission or patent mistake or like grave
error has crept in earlier by judicial fallibility": Sow Chandra
Page 45 of 50
Kante v. Sheikh Habib [(1975) 1 SCC 674 : 1975 SCC (Tax)
200 : (1975) 3 SCR 933] ."