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RAVI MALIMATH, VIJAY KUMAR SHUKLA
Sadashiv Joshi – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The present review petition is filed seeking review of the order dated 23.7.2017 passed in WA No.237 of 2008 and also order dated 4.5.2018 passed in Review Petition No.287 of 2017.
2. The present review petition has been filed in the light of the order passed in SLP (civil) No.28450 of 2018 decided on 28.9.2018.
3. Learned counsel for the respondent raises a preliminary objection that the second review is not maintainable. The petitioner has already exhausted remedy of writ petition which was dismissed and thereafter he filed writ appeal which was also dismissed and thereafter he was unsuccessfully challenged the said order in the writ appeal and in review petition. The Apex Court has not granted any liberty to the petitioner to file review petition before the Court.
4. Before adverting to the aforesaid objection, it would be apposite to refer the facts of the case that the petitioner was owner of land measuring 16.276 hectares in village Kharajana Tehsil and District Indore. A Town improvement scheme under the then Town Improvement Trust Act, 1960 was floated known as Scheme No.53 for the city of Indore. On enactment of Madhya Pradesh Nagar Tatha Gram Nivesh Ahiniyam, 1973
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
The scope of review under Article 226 is limited to correcting procedural errors or new evidence; re-evaluating merits is not permissible.
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....
The main legal point established in the judgment is that the review jurisdiction is limited and can only be allowed on grounds of mistake or error apparent on the face of the record. The court emphas....
A review application filed by a subsequent counsel who had not argued the original case is not maintainable.
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