IN THE HIGH COURT AT CALCUTTA
RAVI KRISHAN KAPUR, ARINDAM MUKHERJEE
Manisha Giri – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of land allotment and disputes (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contentions of review applicant regarding unfair treatment (Para 7 , 8) |
| 3. arguments against the maintainability of review application by respondents (Para 9 , 10) |
| 4. legal standards and principles for review applications (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. court's reasoning on raised issues and relevance of previous rulings (Para 21 , 22) |
| 6. final observations and decision on review application (Para 23 , 24 , 25) |
| 7. dismissal of the review application and related orders (Para 26 , 27 , 28) |
JUDGMENT :
ARINDAM MUKHERJEE, J.
1. The review applicant seeks review of a judgment dated 13th December, 2013 dismissing an intra-Court appeal arising out of an order dated 20th March, 2017 passed by a Learned Single Judge in WP No 1336(W) of 2017. The writ petition was filed challenging an order of cancellation of an allotment of land at Salt Lake.
2. The subject matter of dispute pertains to a plot of land being Plot No. 357 in Block AE, Salt Lake, measuring 4.4002 cottahs. Originally, the said plot was allotted to one Biva Rani Dassi (Debi) (since deceased) through the Deputy Secretary Go
Review jurisdiction is strictly limited, focusing on evident errors in prior judgments, and cannot retry matters already resolved or pursue arguments previously rejected.
The competent authority ought to have dealt with that application first, before it issued the order cancelling the lease.
Point of Law : Court find ourselves unable to agree with the submissions made by learned counsel for the review petitioner and Court do not find any error, much less an error apparent on the face of ....
Rent control – Review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order XLVII Rule 1 of Code of Civil Procedure. In review jurisdiction, mere di....
The court clarified the limited scope of review and the need for parties to approach the court with 'clean hands' and emphasized the finality of judgments to maintain judicial justice.
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