T.NANDAKUMAR SINGH
State of Manipur – Appellant
Versus
Manipur Hills and Plain Contractors Association – Respondent
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
Northern India Caterers (India) v. Ltd. Governor of Delhi AIR 1980 SC 674
Avtar Singh Sekhon v. Union of India AIR 1980 SC 2041
Lily Thomas v. Union of India (2000) 6 SCC 224 : AIR 2000 SC 1650
Patel Narshi Thakershi v. Pradyumansinghji Arjunsinghji (1971) 3 SCC 844 : AIR 1970 SC 1273
A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602 : AIR 1988 SC 1531
Surjit Singh v. Union of India (1997) 10 SCC 592 : AIR 1997 SC 2693
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