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ARUN DEV CHOUDHURY
Anil Saikia S/O- Late Parmeshwar Saikia – Appellant
Versus
Pabitra Boro, S/O- Gajendra Boro – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. PP Baruah, learned counsel for the petitioners. Also heard Mr. R Rabha, learned counsel for the respondent.
2. The present application under Section 114 read with Section 151 of the Code of Civil Procedure, 1908 is filed by the petitioners seeking review of the judgment & order dated 20.02.2023 passed by this Court in FAO No. 5/2021 allowing the appeal.
3. The brief facts of the case leading to the filing of this application is that the opposite party herein as the plaintiff instituted a suit registered as TS No. 103/2020 against the petitioners herein as defendants, for specific performance of contract and for injunction.
4. Along with the said suit, the appellant preferred an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 to restrain the defendants from transferring/ alienating as well as changing the nature and character of the schedule B suit land, which was the subject matter of the contract, of which the plaintiff sought specific performance. The said application was registered as Misc (J) Case No. 111/2020. The learned trial court dismissed the aforesaid Misc case by its order da
A review application must show a manifest error apparent on the face of the record; it cannot involve re-evaluation of evidence or differing conclusions.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
The importance of establishing a prima facie case, balance of convenience, and irreparable loss for granting injunction and the discretion of the trial court in granting or refusing interlocutory inj....
An injunction requires proof of a prima facie case, balance of convenience, and irreparable injury, which the Trial Court failed to establish.
An injunction requires satisfaction of three principles: prima facie case, balance of convenience, and irreparable injury; failure to apply these principles renders the order unreasonable.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
The court established that review applications must demonstrate clear errors on the record, not mere legal interpretations or disagreements with prior judgments.
The power of judicial review is strictly confined to correcting errors apparent on the record, without substituting previous judicial conclusions on merits.
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