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

1970 Supreme(MP) 3

K.L.PANDEY, A.P.SEN
MANOHARLAL VERMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.R.Choubey, Ram Kumar Verma

PANDEY, J.

( 1 ) THIS is an application for review of a final order passed by a Division Bench, of this Court in Miscellaneous Petition No. 180 of 1965 dated January 10, 1968, to which one of us (Pandey, J.) was a party. The other Judge, Dixit C. J. , has now retired. The precise question for consideration in this situation is whether, if an application for review lies, it should be heard by Pandey, J. sitting singly or by a division Bench of this Court or by a still larger Bench.

( 2 ) THE general law is that, in judicial and quasi-judicial proceedings, there is, apart from, the statute, no inherent power of review and, therefore, when the statute does not provide for review, the power of review cannot be assumed to exist: raja-ram V. Rani Jamit Kunwar Devi, 1961 MPLJ 944; Deorao Krishnarao Jadhao v. Board of Revenue, Misc. Petn. No. 10 of 1962, D/-5-12-62 (reported in 1963 Jab LJ 88) and Thakur Himmatsingh v. Board of Revenue, 1966 MPLJ 170 = (AIR 1966 Madh Pra 43 (FB) ). There was a difference of opinion on the question whether an order passed by the High Court under Article 226 of the Constitution could be reviewed in the absence of any provision authorising it so to do. Howeve






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