1. Review petition filed against an order allowing an appeal. (Para 1 )
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2018 Supreme(SC) 1651
SUPREME COURT OF INDIA
RANJAN GOGOI, NAVIN SINHA, JJ.
The State Of Uttarakhand & Ors. - Petitioner
Versus
Habib Khan & Ors. - Respondents
Review Petition (Civil) No. 9 of 2018 In Civil Appeal No. 10806 of 2017
Decided on : 16-01-2018
Important Points
The court's discretion to review an order is based on the presence of sufficient reasons or grounds.
Subject
Civil Law - Appeals and Review
Headnote
Review Petition - Appeal - Dismissal of Review Petition
Fact of the Case:
The Review Petition was filed against the order allowing the appeal dated 23.08.2017.
Finding of the Court:
The court found that no case for review of the order dated 23.08.2017 was made out and consequently dismissed the review petition.
Issues: Review of order allowing the appeal
Ratio Decidendi: The court found that there was no sufficient reason or ground to review the order allowing the appeal.
Final Decision: The review petition was dismissed.
Legal Category Hierarchy
Table of Contents
2. No case for review of the previous order was established upon perusal of the petition and supporting grounds. (Para 3 )
3. A review petition is dismissed if no case for review of the original order is made out. (Para 3 )
4. Delay condoned and the review petition dismissed. (Para 2 , 3 )
5. Under what circumstances is a review petition dismissed?
A review petition is dismissed if the court, after perusing the petition and the grounds in support, finds that no case for review of the original order is made out. (Para 3 )
ORDER :
1. This Review Petition has been filed against the order dated 23.08.2017 whereby the appeal was allowed.
2. Delay condoned.
3. We have perused the Review Petition as well as the grounds in support thereof. In our opinion, no case for review of order dated 23.08.2017 is made out. Consequently, the review petition is dismissed.
