A.B.PAL, T.NANDAKUMAR SINGH
Chairman and Managing Director, Hindustan Paper Corporation Ltd. – Appellant
Versus
Bendangkokba Longkumar – Respondent
T. Nanda Kumar Singh, J.
1. This is an application for review of the ex-parte judgment and order of this Court dated 24.01.2005 passed in Writ Appeal No. 512 of 97 Gauhati/W.A. No. 1 (K) of 1999.
2. It is a settled position in law that no judicial order passed by any superior Court in judicial proceedings can be said to have violated any of the fundamental rights enshrined in Part-in of the Constitution of India. I may, further be noted that the superior Court of justice do not also fall within the ambit of State or other authorities under Article 12 of the Constitution of India. [Ref: Rupa Ashok Hurra v. Ashok Hurra and Anr. (2002) 4 SCC 388 (para 7)]. This is also a settled position of law that Principles of finality of the judgment of the superior Court should be maintained inasmuch as the 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 maybe necessary in the interest of justice or necessary to do so for the sake of justice by exercising the power of review. As such, the Court, while exercising the power of review within the four corners of power of review, has to strike the balance
Rupa Ashok Hurra v. Ashok Hurra and Anr. (2002) 4 SCC 388;
Shivdeo Singh and Ors. v. State of Punjab and Ors. AIR 1963 SC 1909;
Sarguja Transport Service v. State Transport Appellate Tribunal
Rafiq and Anr. v. Munshilal and Anr. AIR 1981 SC 1400;
Col. Avtar Singh Sekhon v. Union of India and Ors. AIR 1980 SC 2041;
Lily Thomas and Ors. v. Union of India and Ors. (2000) 6 SCC 224;
Patel Narshi Thakershi v. Pradyumansinghji Arjunsinghji (1971) 3 SCC 844;
A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602;
Surjit Singh and Ors. v. Union of India and Ors. (1997) 10 SCC 592;
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