Civil Procedure Code, 1908, Order 47, Rule 1, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Once error is found in order/judgment which is apparent on face of record and meets test of review jurisdiction, then there is no reason to feel hesitant in accepting such mistake and rectify the same...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Breach of the directions of Supreme Court regarding promotion to a post - No deliberate or contumacious breach of directions of Supreme Court to warrant punitive action against those responsible for taking the said decision - Error occurred because of an erroneous perception on the part of government and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review petition is very limited - Review of a judgment on account of some mistake or error apparent on the face of record is permissible - But an error apparent on the face of record has to be decided on the facts of each case as an erroneous decision by itself does not warrant a review of each..........
Constitution of India, 1950, Article 136 -- Review - Conviction and sentence - All contentions and arguments on conviction and sentence has already been dealt with detailed judgment - No error apparent on face of record or any other ground so as to warrant interference in exercise of review jurisdiction - Petition dismissed...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Criminal Procedure Code, 1973, Section 482 -- Recall of an order - Distinction between recall and review of an order - While in a review petition Court considers on merits where there is an error apparent on the face of record and in a recall petition Court does not go into merits but simply recalls an order which was passed without giving an opportunity of hearing to an..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous decision is not a ground for review - A judgment may be open to review if there is a mistake or error apparent on the face of record - Subsequent decision of a co-ordinate Bench is not a ground to review the judgment, which is the scope of only an appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only when there is an error apparent on the face of record and when such an error is self evident and does not require a process of reasoning to detect it - Review jurisdiction is not applicable to an `erroneous decision' which needs rehearing and correction - Review cannot be allowed to be an appeal in disguise -..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review - Appellate Court not required to decide appeal after going through record of case and judgment of subordinate Court and after complying with provisions of O.41.R.31 CPC when appellant before it had not addressed Court on said issues - Absence of affidavit by either party..........
