Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error, which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is not permissible on the ground that decision was erroneous on merits as the same would be the province of an Appellate Court...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC it is not permissible for an erroneous decision to be "reheard and corrected" - A review petition has a limited purpose and cannot be allowed to be "an appeal in disguise."..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is permissible only when there is error apparent on the face of record i.e. error should be grave and palpable, and error must be such as would be apparent on mere looking of record, without requiring any long drawn process of reasoning and reappraisal of entire evidence for finding the error, as..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In case of misapplication of law and improper appreciation of evidence on record, particularly the documentary evidence, it is the bounden duty of High Court sitting in Second Appeal to consider such questions which are substantial in nature in terms of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Considerations in S.100 CPC arise only when there is a substantial question of law and not mere such questions of law or one based on facts...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial questions of law are the sine qua non for the exercise of jurisdiction u/s 100 CPC...........
