SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Gau) 34

T.NANDAKUMAR SINGH
State of Manipur – Appellant
Versus
Manipur Hills and Plain Contractors Association – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: L. Shyamkishwar Singh, Sr. Counsel, a/b., K. Jagat Singh, Adv.
For Respondents/Defendant: L. Sarat Sharma, Adv.

ORDER

T. Nandakumar Singh, J.

1. It is settled position of law that the Principles of finality of the judgment of the superior Court should be maintained inasmuch as review petitions are not to be taken as a routine course. It is also equally well settled that the Court should act ex debito justitiae as may be necessary in the interest of justice or necessary to do so for the sake of justice by exercising the power of review. The Court, while exercising the power of review within the four corners of power of review, has to strike the balance between the principle of finality of judgment and requirement of the superior Court to act ex debito justitiae by exercising the power of review.

2. As early as 1941, the federal Court has discussed the principles governing the power of review in Raja Prithwi Chand v. Sukhrai and held that the Federal Court will not sit as a Court of appeal from its own decisions nor will it entertain applications to review for rehearing and also that an order once made is final. Nevertheless, in exceptional circumstances, an application for review can be entertained. The indulgence by way of review is granted mainly owing to the natural desire to prevent irremedi



































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top