1. Review Petition — Challenge against dismissal of Special Leave Petition upholding High Court view. (Para 2 )
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2022 Supreme(SC) 768
SUPREME COURT OF INDIA
UDAY UMESH LALIT, AJAY RASTOGI, JJ.
Ram Krishna Ghosh - Petitioner
Versus
State of West Bengal and Ors. - Respondents
Review Petition (Civil) No……of 2022 (Arising out of D.No.2425 of 2022) In Special Leave Petition (Civil) No. 12147 of 2021
Decided On : 29-03-2022
Important Points
The court may condone delay in preferring a review petition if the grounds taken do not justify interference.
Subject
Civil Law - Review Petitions
Headnote
Review Petition - Delay in Preferring Review Petition - The court condoned the delay in preferring the review petition and dismissed the special leave petition, as the grounds taken in the review petition did not make out any error apparent on record to justify interference.
Fact of the Case:
The court condoned the delay in preferring the review petition and dismissed the special leave petition, as the grounds taken in the review petition did not make out any error apparent on record to justify interference.
Finding of the Court:
The court found that the grounds taken in the review petition did not justify interference and therefore dismissed the review petition.
Issues: Delay in preferring review petition, grounds for interference
Ratio Decidendi: The court's decision was influenced by the lack of grounds justifying interference and the condonation of delay in preferring the review petition.
Final Decision: The review petition was dismissed.
Legal Category Hierarchy
Table of Contents
2. Grounds for review — Allegation of error apparent on record. (Para 3 )
3. Review Petition — Absence of error apparent on record — No justification for interference. (Para 3 )
4. Review Petition — Interference permissible only upon existence of error apparent on record. (Para 3 )
5. Delay condoned — Review Petition dismissed. (Para 1 , 4 )
6. Can a delay in filing a Review Petition be condoned?
Yes, the court may condone the delay in preferring a Review Petition. (Para 1 )
7. What is the legal standard for granting a Review Petition?
A Review Petition may be allowed if the grounds presented demonstrate an error apparent on the record that justifies judicial interference. (Para 3 )
ORDER :
1. Delay in preferring Review Petition is condoned.
2. Agreeing with the view taken by the High Court the Special Leave Petition was dismissed by this Court.
3. The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.
4. This Review Petition is, therefore, dismissed.
