Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Sought on factual aspects of the matter and merits of the case - No `mistake or error' apparent on the fact of record - Review petition is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection once raised at trial and decided by trial Court, it is not open to parties to raise it again at the stage of execution...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely no lawful basis..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order to implead a party - No prejudice likely to be caused to plaintiff from the exercise of such discretion - Review petition dismissed with costs of Rs.20,000/-...........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Land Acquisition Act, 1894, Section 54 -- Review - Acquisition proceedings - A decision on a question of law is also involved in the assessment of compensation for land acquired in a land acquisition reference or appeal - Any subsequent decision on question of law which is a component of assessment of compensation by a..........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Land Acquisition Act, 1894, Section 54 -- Review - Acquisition proceedings - Judgment in subsequent appeals should also be subjected to same challenge as was done to judgment in earlier appeals - Parties cannot await the outcome of challenge made to judgment in earlier appeals in order to apply for review of judgment in..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not permissible on the ground that decision is either incorrect or erroneous on merits, as same lies only within the ambit of higher Court having appellate power...........
Civil Procedure Code, 1908, Order 47, Rule 1, Constitution of India, 1950, Article 137 -- Review - Mere repetition of same arguments which were urged in appeal and have been rejected, is not sufficient to justify the exercise of power of review u/art.137 of Constitution by Supreme Court...........
Civil Procedure Code, 1908, Order 47, Rule 1, Constitution of India, 1950, Article 137 -- Review - Financial hardship - Not a ground for review - However, in case of statutory corporation working in public interest is facing financial hardship, judgment and order may be reviewed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - When Supreme Court tested eligibility of petitioners to maintain a review, it is not open to respondents, after being a party to the order of Supreme Court, to question the maintainability of review...........
