which draw a
distinction between a substantive review and procedural review
with further decisions that a procedural review is inherent in every ... procedural review and not a
substantive review. The distinction between a
procedural review and substantive review has in fact
been recognized by both Ld. Single
review power by criminal courts. In Grindlays Bank Ltd. (supra), it was observed that review can be distinguished between ?procedural review? and ?substantive review ... review power by criminal courts. In Grindlays Bank Ltd. (supra), it was observed that review can be distinguished between ?procedural review? and ?substantive review
substantive review and, therefore, the application is not maintainable, is illegal, as the review sought by the petitioner was not a substantive review ... different considerations arise on review. The expression 'review' is used in two distinct senses, namely, (1) a procedural review which is either inherent
categories of review, namely procedural review and review on merits. It has been argued that the Court clearly held that while procedural review ... procedural review and a review on merits. In that context, the Court observed as follows:
Furthermore, different considerations arise on review. The expression review
Authority can
exercise the review jurisdiction, especially that of a
substantive review. Mr. Kanade would submit that, the
issue stands covered by a judgment ... exercise undertaken by the Competent
Authority was in the nature of substantive review or
exercise of inherent jurisdiction to correct a glaring
procedural defect
which will justify a power of review in the event of procedural errors. Undoubtedly, a review where a substantive right is not created, specifically ... disturbed in a review. As held earlier, at the highest, there can be a procedural review, but not a substantive review under the scheme
otherwise did not confer any right of a substantive review on the adjudicatory authorities constituted under that enactment. The State in purported exercise ... that no provision of the 1927 Act grants a power of substantive review on the Appellate Authority. The power to undertake a substantive review
Gujarat
Revenue Tribunal to review its own orders, the power is only that of
procedural review and not substantive review. It is submitted that ... procedural
review and review on merits. The Supreme Court observed as under:-
"Furthermore,
different considerations arise on review. The expression 'review
made
a distinction between substantive review and procedural review. The
Division Bench has held that the power of procedural review is inherent in
every Tribunal ... absence of any statutory provision and that it is
only for substantive review that a specific statutory provision is required to
be inserted
consider the power of review
of this court. Review is of two types:
(a) Procedural and (b) substantive. Every court or Tribunal has
an inherent ... statute a
Court or a Tribunal cannot exercise its jurisdiction of substantive
review. In view of the aforementioned legal position the Parliament had
to enact
