Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Would be an order of dismissal passed in review application...........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court dismissed review application by no, speaking order without adverting to specific grounds raised in review application - Even judgment of High Court in deciding writ petition against which review application was filed, without referring to pleadings cannot be upheld - Order of High Court set..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Every error whether factual or legal cannot be made subject matter of review U.O.47.R.1 CPC, though it can be made subject matter of appeal arising out of such order - However, in order to attract provision of O.47.R.1 CPC, error/mistake must be apparent on the face of record of case...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - It must be confined to error apparent on the face of record and review proceeding is not by way of an appeal - Re-appraisal of entire materials on record for finding error would amount to exercise of appellate jurisdiction which is not permissible...........
