therefore, concluded that although judicial power can be
vested in a Court or Tribunal, the power of judicial review of the High
Court under Article ... constituent
power, confer power on Parliament and the State Legislatures to exclude the
constitutional jurisdiction conferred on the High Courts as the power to
amend
Tribunal dismissed the review
application on the premise that power of review cannot be exercised
after dismissal of the SLP.
(xii) The legality and correctness ... powers of a Civil Court in relation to matters enumerated in
clauses (a) to (i) of sub-section (3) including the power of reviewing
subject is not a ground for review. Once a review petition is
dismissed no further petition of review can be entertained. The rule ... power cannot be exercised as an inherent power and nor can
appellate power be exercised in the guise of exercising the power of review
note that there is
no power in the said 1951 Act enabling delegation of the
power of review vested in the Board of Revenue ... when we are dealing with review of orders passed in
revisional jurisdiction, it is obvious that the review power
should be something less than
view. Such powers can be exercised within
the limits of the statute dealing with the exercise of
power. The review cannot be treated like ... exercised as an inherent power nor can
an appellate power can be exercised in the guise of power of review.
10. Considered in the light
view. Such powers can be exercised
within the limits of the statute
dealing with the exercise of
power. The review cannot be
treated like ... converting a review petition
into an appeal in disguise.”
18. Review is not rehearing of
an original matter. The power of
review cannot be confused
power existed
till 12th November, 1991 when the decision in Kihoto
Hollohan was rendered; or at least a limited power of review
inheres ... Speaker's power while dealing with
a breach of privilege can be read to confer an express
power of review.
The last limb
Power of judicial review implies the power to interpret and enforce the Constitution and this power includes the power to pronounce upon the validity ... plain that every organ in which judicial power is vested, cannot exercise the power of judicial review. A law enacted by Parliament by virtue
whether the Board has such power of delegation in respect of the exercise of its powers of review.
7. Section 273 is a reproduction ... Division Court included the power to delegate its revisional jurisdiction; and by parity of reasoning its powers of review. So also in Sections
which specifically confers such power on this Court, but it is contended that the Court has an inherent power to review a judgment or order ... existence of the inherent power and the Court left it open whether under Section 561A it had inherent power to review its own order
