Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - In the garb of review application, rehearing of appeal on merits cannot be allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) 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;..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect findings cannot be challenged by way of review petition - Only remedy in the said aspect available is appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Under garb of review petition, applicants cannot be allowed to re-argue the case as review Court cannot sit in appeal over its own decision...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds in review application neither fall within ambit of discovery of new and important matter or evidence nor within mistake or error apparent on face of record - Review application appears to be an appeal in disguise and accordingly dismissed...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Once intra Court appeal against order sought to be reviewed is not maintainable, then order rejecting an application for review cannot be assailed through medium of intra Court appeal because there can be no challenge to order rejecting review application unless order sought to be reviewed is challenged...........
