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

YAPE MOYONG AND 10 ORS – Appellant
Versus
OKONG TABING – Respondent


ORDER

Date : 23-07-2021 Heard Mr. T. Pertin, learned counsel for the petitioner.

By filing this petition under Section 114 and Order XLVII [47] of the Code of Civil Procedure, the petitioner prays for review of the Judgment dated

19.02.2021 passed in CRP-03/2019.

By the impugned judgment, an application filed under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 was dismissed. Now, the primary contention of the petitioner is that the order passed in CRP- 03/2019 needs to be recalled, as it was passed on the basis of erroneous interpretation of facts and law.

In order to buttress his point, Mr. Pertin has relied upon the decision of the Supreme Court that was rendered in Lily Thomas and Others v. Union of India and Others, reported in (2000) 6 SCC 224. Paragraph 56 of the judgment is relevant for the present matter, which reads as follows:

“56. It follows, therefore, that the power of review can be exercised for correction of a mistake and not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power. The review cannot be treated an appeal in disguise. The mere possibility of two views on the subjec

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