Review Petition-Essentials

                           Review Petition-Essentials

Essential grounds i.e Review Petition-Essentials that has been carved out by the Hon‟ble Supreme Court in its judgment titled as Kamlesh Verma vs. Mayawati reported as (2013) 8 SCC 320. The relevant paragraph of the said judgment is reproduced hereunder:

“20.1. When the review will be maintainable:

  • Discovery of new and important matter of evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him;
  • Mistake or error apparent on the face of the record;
  • Any Sufficient reason.
  • The words “any other sufficient reason” have been interpreted in Chhajju Ram v. Neki 1 and approved by this Court in Moran Mar Basselios Catholics v. Most Rev. Mar Poulose Athanasius to mean “a reason sufficient on grounds at least analogous to those specified in the rule”. The same principles have been reiterated in Union of India v. Sandur Manganese & Iron Ores Ltd.

20.2   When a review will not be maintainable:

(i) A repetition of old and overruled argument is not enough to reopen concluded adjudications.

(ii)      Minor mistakes of inconsequential import.

(iii)         Review proceedings cannot be equated with the original hearing of the case.
(iv)   Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice.

(v)A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error

(vi)The mere possibility of two views on the subject cannot be a ground for review.

(vii) The error apparent of the face of record should not be an error which has to be fished out and searched.

(viii) The appreciation of evidence on record is fully within the domain of the appellate court, it cannot be permitted to be advanced in the review petition.

(ix) Review is not maintainable when the same relief sought at the time of arguing the main matter had been negatived.

Review Petition-Essentials is important at every step in drafting a review petition as the scope of filing a review petition is limited.
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