SUREPALLI NANDA
B. Ram Mohan – Appellant
Versus
Secretary, School Education, Hyderabad – Respondent
ORDER :
Surepalli Nanda, J.
Heard Sri Rahul Reddy, learned Special Government Pleader appearing on behalf of review petitioners/Contemnors and Sri N. Ashok Kumar, learned counsel appearing on behalf of the Writ Petitioner/respondent No.1.
2. The present review has been filed seeking prayer as under :
3. The learned Special Government Pleader appearing on behalf of the Review Petitioners mainly puts forth the following submissions :
Aribam Tuleshwar Sharma v Aribam Pishak Sharma (1979) 4 SCC 389
Haridas Das v Smt. Usha Rani Banik and Others (2006) 4 SCC 78
Lily Thomas vs. Union of India
Northern India Caterers (India) Ltd. Vs. Lt.Governor of Delhi
Parsion Devi v Sumitri Devi 1997 (8) SCC 715
Sanjay Kumar Agarwal v. State Tax Officer and another
State of Uttar Pradesh and Others Vs. Vinod Kumar Katheria (2021) 14 SCC 668
The court emphasized that review powers are limited to correcting errors apparent on the record and cannot be used to substitute a previous judgment or reargue the case.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
A review petition may be maintained only upon discovery of new evidence or manifest errors; it cannot serve as an appeal to reconsider resolved issues.
Inherent power to review exists when decisions are made without jurisdiction, allowing for restoration of appeal to avoid injustice.
Point of Law : Order 47 Rule 1 CPC, which reads as Application for review of judgment.
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