Review Jurisdiction Archives

Dismissal of SLP by Supreme Court with or without reasons, will not attract the Doctrine of Merger: J&K and Ladakh HC

“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.

Case Briefs Supreme Court

SC restates principles on power, scope & grounds for Review Jurisdiction; Sets aside Madras HC review order on daughter’s status as co-parcener

“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.

Case Briefs Supreme Court

Review application cannot be used as an Appeal in disguise, reiterates Supreme Court

“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court

Case Briefs High Courts

P&H HC | High Court can exercise review jurisdiction during the pendency of SLP and also after its dismissal (by a speaking or non-speaking order)

Punjab and Haryana High Court: A Division Bench of Daya Chaudhary and Sudhir Mittal, JJ. dismissed the review application filed by a