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1996 Supreme(SC) 2224

G.T.NANAVATI, K.RAMASWAMY
T. N. Electricity Board – Appellant
Versus
N. Raju Reddiar – Respondent


Judgement Key Points

How to determine if a review petition can be filed after the dismissal of an appeal or special leave petition? What is the legal consequence of filing a review petition by a new advocate without the consent of the original advocate on record? What are the procedural requirements for filing an application for clarification after a review petition has been dismissed?

Key Points: - A review petition cannot be filed after the dismissal of an appeal or special leave petition unless a rare case of apparent error of law or fact on the record exists (!) (!) . - Filing a review petition by an advocate who was neither the counsel nor present during the main hearing is not in the interest of the profession and is not permitted (!) (!) . - An advocate filing a review petition must obtain a "No Objection Certificate" from the original Advocate-on-Record to come on record (!) . - Once a review petition is dismissed, no application for clarification should be filed, especially if it involves changing the advocate-on-record (!) (!) . - The practice of changing advocates to file repeated petitions is deemed an abuse of the court's process and should be deprecated (!) (!) . - Applications filed as abuse of process, such as the one for clarification in this case, are liable to be dismissed with exemplary costs (!) (!) . - In this specific instance, the application was dismissed with exemplary costs of Rs. 20,000/- payable to the Supreme Court Legal Aid Services Committee (!) . - The Registry is directed to communicate the order regarding costs to the Supreme Court Legal Services Committee for recovery if not paid (!) .

How to determine if a review petition can be filed after the dismissal of an appeal or special leave petition?

What is the legal consequence of filing a review petition by a new advocate without the consent of the original advocate on record?

What are the procedural requirements for filing an application for clarification after a review petition has been dismissed?


ORDER

It is a sad spectacle that new practice unbecoming of worthy and conducive to the profession is croppingup. Mr. Mariaputham, Advocate-on-Record had filed vakalatnama for the petitioner-respondent when the special leave petition was filed. After the matter was disposed of, Mr. V. Balachandran, Advocate had filed a petition for review. That was also dismissed, by this Court on April 24, 1996. Yet another advocate, Mr. S.U.K. Sagar, has now been engaged to file the present application styled as "application for clarification", on the specious plea that the order is not clear and unambiguous. When an appeal/special leave petition is dismissed, except in rare cases where error of law or fact is apparent on the record, no review can be filed; that too by the advocate on record who neither appeared nor was party in the main case. It is salutary to note that Court spends valuable time in deciding a case. Review petition is not, and should not be, an attempt for hearing the matter again on merits. Unfortunately, is has become, in recent time, a practice to file such review petitions as a routine; that too, with change of counsel, without obtaining consent of the advocate on record at e






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