AI Overview...
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Glaring Omission / Patent Mistake - Judicial Standard for Review
Main points: Review of judgments is permissible only in cases of glaring omission, patent mistake, or grave error, emphasizing judicial fallibility and the need for serious scrutiny before interference. Courts have consistently held that such errors are clear, obvious, and not subject to rehearing or re-evaluation of the entire case.
References: Sagiran VS Saleem - Allahabad, W. Raghuchandra Singh VS State of Manipur and Ors. - Gauhati, N. T. P. C. Power Workers Union VS National Thermal Power Corporation - Orissa, West Bengal State Electricity Distribution Company Limited VS Sukanta Kumar Singhas - Calcutta, Kishinchand Cheliarams (India) (P) Limited and another VS G. Varadappa - Madras, J. G. Sinkar VS State of Maharashtra - Bombay, Mohd. Ismail Haroon VS Debts Recovery Appellate Tribunal, rep. by its Registrar, Chennai - Madras, Buddheswar Dowari VS State of Assam & 2 Ors. - Gauhati -
Criteria for Exercise of Review Power
Main points: The power to review is not absolute; it should be exercised sparingly and only when a clear mistake or omission has occurred. The courts stress that review is a serious step, justified solely by evident errors such as omission, mistake, or grave errors that have crept in due to judicial fallibility.
References: Sagiran VS Saleem - Allahabad, N. T. P. C. Power Workers Union VS National Thermal Power Corporation - Orissa, West Bengal State Electricity Distribution Company Limited VS Sukanta Kumar Singhas - Calcutta, Buddheswar Dowari VS State of Assam & 2 Ors. - Gauhati, J. G. Sinkar VS State of Maharashtra - Bombay -
Limitations and Judicial Perspective
Main points: The courts underscore that review should not be used for rehearing or re-arguing the case but only to correct manifest errors. The finality of judgments is maintained unless a glaring omission or mistake is identified, and the review process is invoked in exceptional circumstances.
References: Buddheswar Dowari VS State of Assam & 2 Ors. - Gauhati, N. T. P. C. Power Workers Union VS National Thermal Power Corporation - Orissa, Sagiran VS Saleem - Allahabad -
Additional Notes
Main points: Judicial pronouncements highlight that the power of review is limited and should be exercised with caution, primarily when injustice or miscarriage is evident through glaring errors or omissions. The concept is rooted in judicial fallibility and the need to prevent miscarriage of justice.
References: RAJNIKANT N. DAVE VS LILABEN WD/o KHELDAS GHANSHYAMDAS TILVANI - Gujarat, Anup Kumar Kamal VS Union of India - Delhi
Conclusion:
The doctrine of Glaring Omission or Patent Mistake in judicial review emphasizes that courts should only intervene when an obvious, manifest error or omission has occurred, ensuring the finality and integrity of judgments while allowing limited correction of clear mistakes. This principle is well-established across various judicial rulings, reinforcing the cautious and serious nature of the review process.
Search Results for "Glaring Omission"
1987 0 Supreme(All) 513 • India - Allahabad
R.R.MISRA
omission or patent mistake in the earlier judgment. ... omission or patent mistake, not for rehearing of the case. ... omission or patent mistake, not for rehearing of the case. ... Governor of Delhi, (1980) 2 SCC 167 held that the power to review can be exercised only in a case of glaring omission or patent mistake and not for rehearing of case. ... 3. ... In the present case, no such ground has been taken in the review petition that while passing my order dated 17th February 1987 there has been any #....
2006 0 Supreme(Gau) 756 • India - Gauhati
T.NANDA KUMAR SINGH
omission, patent mistake, or grave error. ... omission, patent mistake, or grave error. ... omission, patent mistake, or grave error. ... It is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.
2017 0 Supreme(Ori) 955 • India - Orissa
BISWANATH RATH
The court emphasized that a review of a judgment is a serious step and should be allowed only in cases of glaring omission, patent ... The Court emphasized that a review of a judgment is a serious step and should be allowed only in cases of glaring omission, patent ... It emphasized that a review of a judgment is a serious step and should be allowed only in cases of glaring omission, patent mistake ... A review of a judgment is a serious step and relevant resort to it is proper only wh....
2022 0 Supreme(Cal) 593 • India - Calcutta
SABYASACHI BHATTACHARYYA
Ratio Decidendi: The court held that the review application could only be entertained in the presence of a glaring omission ... Finding of the Court: The court found that the review application was not maintainable as there was no glaring omission ... In review application, it was held, the Court shall interfere only when there is a glaring omission or patent mistake or when a grave error has crept in the impugned judgment. 3.
1994 0 Supreme(Mad) 837 • India - Madras
THANGAMANI
omission or patent mistake or grave error crepting in the order. ... Code of Civil Procedure-1908-Sections 114 and Order 47, Rule 1 -Provisions of Section and order can be invoked in case of glaring ... There Krishna Iyer, J., has held that a review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. ... Where a glaring omission or patent mistake or like gr....
1980 0 Supreme(Bom) 180 • India - Bombay
SUJATA V.MANOHAR, B.N.DESHMUKH
This right is not absolute and should be exercised sparingly and only in cases where there is a glaring omission, patent mistake, ... This right is not absolute and should be exercised sparingly and only in cases where there is a glaring omission, patent mistake, ... The Supreme Court observed that "a review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibilit....
2015 0 Supreme(Mad) 1526 • India - Madras
SATISH K.AGNIHOTRI, M.VENUGOPAL
Review Application - Sale Proclamation - The court held that the review of an order is proper only where a glaring omission/error ... Ratio Decidendi: The power of review is proper only where a glaring omission/error or a patent mistake has crept in the order ... At this juncture, this Court pertinently points out that a Review of an order passed by a Competent Court of Law is a serious step and it is proper only where a glaring omission/error or a patent mistake has crept in the orde....
1986 0 Supreme(Gau) 63 • India - Gauhati
K.N.SAIKIA, S.N.PHUKAN
Ratio Decidendi: The court emphasized that the power to review must be conferred by law and should only be sought in cases of glaring ... Sheik Habis, AIR 1975 SC 156 & it has been held that a review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. ... Thus, finality of the judgment delivered by the Court will not be reconsidered except where a glaring omission or paten....
2013 0 Supreme(Del) 2186 • India - Delhi
S.RAVINDRA BHAT, NAJMI WAZIRI
It held that the power of judicial review cannot be lightly resorted to unless there is a glaring omission, mala fides, or manifest ... It emphasized that unless the landowner can demonstrate a glaring omission, prove mala fides or manifest arbitrariness or discrimination ... Unless the landowner can demonstrate a glaring omission, prove mala fides or manifest arbitrariness or discrimination in the approach of the decision maker, the power of judicial review cannot be lightly resorted ....
1992 0 Supreme(Guj) 323 • India - Gujarat
B.S.KAPADIA, C.V.JANI
( 9 ) HERE it may be stated that the aforesaid judgments are not directly on the point with regard to the powers of the Tribunal However the judicial pronouncements are clear that whenever there is miscarriage or injustice found whenever there is apparent glaring
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