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2004 Supreme(Bom) 703

A.M.KHANWILKAR
Metal Box India Ltd. – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - KHANWILKAR A.M., J.:-Heard Counsel appearing for the parties. By this Notice of Motion, the applicant essentially has called upon me to review my order dated 5th April, 2003 passed in Contempt Petition No. 20 of 2003 on the grounds stated in the accompanying affidavit in support of the Notice of Motion. The moot question, however, that arises for my consideration is, whether this Court, while exercising powers under the Contempt of Courts Act, for that matter, by virtue of Article 215 of the Constitution of India, has jurisdiction review its own order? To my mind, the answer is plainly in the negative. It is well settled that right to review is a right, which has to be specifically conferred by law made by legislature. Whereas, the Contempt of Courts Act makes no such provision. In that sense, if the proceedings were to be simpliciter under the provisions of the Contempt of Courts Act, the Court would have no review power so as to review its own order passed in the contempt action. My attention has been rightly invited by Mr. Saraf to the Division Bench decision of the Allahabad High Court in the case of (State v. Baldev Raj)1, reported in 1992 Cri.L.J. 1251, where the




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