Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment delivered after appreciation of evidence on record - Review seeking to reappreciate the evidence on record on the ground that it was omitted to be adverted to - Not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is very limited and it may be exercised only if there is a mistake or an error apparent on face of record...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is not to be confused with appellate power - Review petition/application cannot be decided like a regular intra Court appeal, as scope of appeal is much wider than review petition...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review and appeal - Land acquisition proceedings - Division Bench allowed State's appeal and in consequence dismissed writ petition and upheld the acquisition proceedings as legal and proper that too without dealing with any of issues raised by parties in writ petition and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1 -- Rejection of plaint - Non-payment of balance Court fee - Remedy thereagainst is to file an appeal as rejection of plaint is a decree - Where plaintiff could make out grounds for review then even such a remedy is not foreclosed, provided grounds of review are disclosed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1(c) -- Review - Suit for eviction - Appellate Court not considered issue of bonafide need and relative hardship of landlord - Also it should not have reversed finding of Prescribed Authority - In absence of error apparent on face of record - Review petition, not maintainable...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Civil review application cannot be preferred for left out arguments...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous order cannot be altered in civil review because civil review is not an appeal in disguise - Remedy available with applicant is to prefer an appeal...........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - Employee`s Compensation Commissioner has no power of review as such power is not conferred by R.41 of Rules, 1924 and in fact R.32 of Rules, 1924 restricts power after passing judgment only to..........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - R.41 of the Workmen`s Compensation Rules does not make applicable provision of O.47 r/w S.114 CPC to the proceedings before Employee`s Compensation Commissioner although various other provisions..........
