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Showing posts with label Review. Show all posts
Showing posts with label Review. Show all posts
Saturday, 4 October 2025

Supreme Court: High Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One

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 We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on thi...
Thursday, 14 September 2023

Whether Motor accident claim Tribunal has jurisdiction to review its own order?

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I find that Sections 151 to 153 would not permit the Court to amend it's own order/judgment or cure any defect which would affect the me...
Wednesday, 24 May 2023

Whether successive applications for review of order is permissible?

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  In law, there is no bar in filing applications for review successively if the same are otherwise maintainable in law. {Para 8}   IN THE SU...
Thursday, 16 February 2023

What the court can not do while deciding review application?

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  The provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visibl...
Wednesday, 16 March 2022

What is distinction between Procedural review and substantive review?

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We are unable to appreciate the contention that merely because the ex parte award was based on the statement of the manager of the appellant...

Whether application for recall of order for procedural review is maintainable U/S 362 of CRPC?

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This application for recall of the order was maintainable as it was an application seeking a procedural review, and not a substantive review...
Sunday, 10 October 2021

Whether court can review its own order passed in proceeding U/S 125 of CRPC?

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   At the outset, this Court finds it pertinent to state that the embargo contained in Section 362 Cr.P.C., which prohibits the Court from a...
Saturday, 28 August 2021

Whether the newly engaged Advocate of the party can argue on the points not argued or given up by the previous Advocate of the party or rejected by the court?

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 A litigant has a right to be heard by a court. He has a right to engage a lawyer, who will be heard on that party’s behalf. But no party  h...

Whether the party can file a review application on the ground that the court has not taken into consideration his written submission if his counsel has not relied on it?

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 But before they filed this Review Petition, the Agarwals filed an appeal. By the time of the Appeals, the Agarwals had changed lawyers.  Th...
Friday, 30 July 2021

Questions and answers on law Part 25

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  Q 1:-  Whether application for review of order passed in review application is maintainable? Ans: No as per O 47 R 9 of CPC. Rule 9 Order ...
Tuesday, 25 May 2021

Whether court can review the consent order on the ground that it was entered when the President rule was in force in the state?

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   The contention as urged on behalf of the State that an approval of the elected Government was required to be taken to the consent terms w...
Thursday, 6 May 2021

Whether Education officer can review his own order?

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  We find that the petitions deserve to be allowed on short ground that by the impugned order, Respondent Education Officer has set aside th...
Sunday, 20 December 2020

What remedies are available to the defendant if court passes an exparte decree against him?

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  The proviso appended to Order IX Rule 13 of the Code of Civil Procedure postulates that when an ex parte decree has been passed against so...
Wednesday, 15 April 2020

What remedy is available against consent decree to an aggrieved third party?

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Still there could be one more situation, where the third party who was not the party to suit or the party to the compromise but had an int...
Sunday, 23 February 2020

When court should not review an order on ground of discovery of new evidence?

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 To appreciate the very contention raised by him, we have to import the legal requirements specifically spelt out under O. 47, R. 1, sub-r...
Thursday, 20 February 2020

Whether magistrate can review order passed U/S 125 of CRPC?

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 In Section 125 Cr.P.C. uses the expression used is “as the Magistrate from time to time direct”. The use of expression ‘from time to time...
Saturday, 11 January 2020

How to interpret any other sufficient reason while deciding review application?

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The decision of the Allahabad High Court in Narain Das (supra) does not take into consideration the earlier decision of the Privy Council ...
Thursday, 31 October 2019

Whether dismissal of application for condonation of delay in filing of review amounts to dismissal of review application?

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 Having considered the submissions as to the maintainability of this Petition, we are of the view that an order of dismissal of the applic...
Tuesday, 10 September 2019

Important provisions of Electricity Act, 2003.

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135. Theft of electricity 136. Theft of electric lines and materials 137. Punishment for receiving stolen property . 138. Interference...
Friday, 21 June 2019

Whether party can seek review of order on ground of change of Advocate?

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In the case of M/s. Usha International Ltd. (supra) while relying upon the earlier Division Bench of this Court in the case of Rotary Club...