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Showing posts with label error apparent on face of record. Show all posts
Showing posts with label error apparent on face of record. Show all posts
Saturday, 7 September 2024

Whether the court can recall or review its own order if latest amendment in statute is not brought to its notice at the time of passing of previous order?

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Having heard the learned Counsel for the parties and on perusal of the record of the case including the written submissions, we are inclined...
Sunday, 21 October 2018

When court should review its own order?

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  Thus, from the proposition of law that emerges from the judgments referred to above, it is clear that once the Court holds that it does ...
Sunday, 25 March 2018

Whether wrong application of law is error apparent on face of record?

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 According to the learned Counsel for the Appellant, Section 11(3) of the Bombay Rent Act, 1947, as applicable to the State of Gujarat, ha...
Sunday, 5 March 2017

Whether court can review its own order if there is patent mistake or glaring omission in earlier order?

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Shri. Kenkre, counsel for the respondents, however while not disputing the various propositions laid down by the authorities says that the...

Whether third party can file application for review of order of grant of probate?

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The next question is about the maintainability of an application for review at the instance of a person who was not party to the appeal. T...

Whether an order can be reviewed on ground that it was passed due to misconception of court?

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It is an error apparent on the face of the record if the judgment does not deal effectively and determine an important issue i...

Under which circumstances court can review its own order?

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At the outset, we want to express that it is well-settled that the power of review is limited in nature and the jurisdiction required to be...

How to ascertain error apparent on face of record for deciding review application?

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It is well settled that the review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Orde...
Saturday, 21 February 2015

Whether court can review a judgment if it is based on question of law which was reversed or modified by subsequent decision of superior court in any other case?

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The issue can be examined from another angle. Explanation to Order XLVII, Rule 1 of Code of Civil Procedure, 1908 (hereinafter referred t...