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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Vivek Singh Thakur, J
State of H.P. – Appellant
Versus
Indorama India Pvt. Ltd. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This Review Petition has been preferred by the State against judgment dated 31.7.2023 passed in CWP No. 3331 of 2021, titled as M/s Indorama India Private Limited & another Vs. State of H.P. and others.
2. Review Petition has been preferred on the grounds mentioned in the petition, stating therein that Review Petitioner failed to bring into notice of the Court case laws on the subject as laid down by the Supreme Court and as such error apparent on the face of record has occurred and, therefore, judgment needs to be reviewed.
3. It has been contended that reliance placed by this Court on the judgment of the Supreme Court passed in General Radio and Appliances Co. Ltd. Vs. M.A. Khader , AIR 1986 SCC 1218 is error apparent on the record because this judgment has already been distinguished by the Supreme Court in case of Hindustan Lever and another Vs. State of Maharashtra and another, (2002) 9 SCC 438 and thus conclusion arrived at by this Court is in violation of law laid down by the Supreme Court in Hindustan Lever’s case.
4. It has been further contended that conclusion arrived at by this Court that for sanction of Scheme of Arrangement by NCLT, in te
A review petition cannot be based on arguments or judgments not previously cited, and must demonstrate an error apparent on the face of the record to be maintainable.
The obligation to pay stamp duty lies with the party relying on the instrument, and the court's review power is limited to evident errors, not merits.
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....
A review petition must demonstrate an error apparent on the face of the record; it cannot be used as a means to reargue the case.
Application for review of judgment - Powers of review cannot be exercised as an inherent power nor can an appellate power be exercised in guise of power of review. After holding this, Supreme court f....
The limited scope of review and the impermissibility of re-arguing a matter in a review application.
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