aside, the question is whether the appeal court should be ordered to
rehear the appeal after admitting the statement it had ruled out or whether ... order a retrial or it may order the appeal court to rehear the appeal. It
will depend upon the facts of each case whether
aside, the question is whether the appeal court should be ordered to rehear the appeal after admitting the statement it had ruled out or whether ... order a retrial or it may order the appeal court to rehear the appeal. It will depend upon the facts of each case whether
purposes of
this lis, permit the defendant to press for a rehearing
"on account of some mistake or error apparent on the
face ... which two
conclusions are not possible. Neither of them postulate
a rehearing of the dispute because a party had not
highlighted all the aspects
purposes of
this lis, permit the defendant to press for a rehearing
"on account of some mistake or error apparent on the
face ... which two
conclusions are not possible. Neither of them postulate
a rehearing of the dispute because a party had not
highlighted all the aspects
appeal in
disguise'."
(emphasis in original)
18. Review is not rehearing of an original matter.
The power of review cannot be confused with ... prayer had been refused, no review
petition would lie which would convert
rehearing of the original matter. It is
settled law that the power
review court does not sit in appeal over its own order. A rehearing of the matter is impermissible in law. It constitutes an exception ... purposes of this lis, permit the defendant to press for a rehearing ''on account of some mistake or error apparent on the face
leave thus making out that a review proceeding virtually amounts to a rehearing. May be, we were not right in refusing special leave ... judgment delivered by this Court merely for the purpose of a rehearing and a fresh decision of the case. The normal principle is that
purposes of this lis, permit the
defendant to press for a rehearing "on account of some
mistake or error apparent on the face ... which two conclusions are not possible.
Neither of them postulate a rehearing of the dispute
because a party had not highlighted all the aspects
purposes of this lis, permit the defendant to press for a
rehearing "on account of some mistake or error apparent on
APPW ... which two conclusions are not
possible. Neither of them postulate a rehearing of the dispute
because a party had not highlighted all the aspects
already on record.
This writ petition has been filed
challenging a rehearing notice issued by the 4th
respondent dated March 16, 2018 and another
impugned ... rehearing notice dated March 27, 2018
by which the 4th respondent decided to rehear an
issue which had attained finality by an order
dated