AI Overview...
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Judgment Entertaining and Review Power - Courts generally cannot entertain a review of judgments where no review jurisdiction is provided by law, or where the review application is found to be incompetent or not maintainable. For example, the Tribunal's lack of review jurisdiction under Land Grant Rules was upheld, rendering review petitions inadmissible Ab. Rashid No. 366/CID VS State Of J. &K. - Jammu and Kashmir.
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Scope of Appeal vs. Review - An appeal involves a higher court reassessing the correctness of a judgment or order, whereas a review is a rehearing to correct errors apparent on the face of the record or for other limited grounds. Courts have clarified that only when a specific review or appeal remedy is provided by law can a judgment be entertained or challenged MADAN MOHANJI MAHARAJ VS SUNDER LAL - Allahabad.
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Order of Refusal to Entertain Review - An order refusing to entertain a review petition can itself be appealable if it can be regarded as a judgment under the relevant legal framework, such as Clause 15 of the Letters Patent or similar provisions District Collector, Collectorate Office VS N. Udayappan - Madras.
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Judgments Not Appealable When No Right of Appeal Exists - If the statute does not provide for an appeal, or if the order is not deemed a judgment under the law, courts will dismiss appeals or review petitions. For instance, no appeal lies against certain orders passed under specific statutory provisions where the law does not permit it RAVISHANKAR DUBE VS BOARD OF REVENUE, MADHYA PRADESH, GWALIOR - Madhya Pradesh.
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Judgments of Inferior Courts and High Courts - The High Court cannot review a judgment of an inferior court solely on the basis of an error apparent on face of the record unless expressly permitted. Similarly, orders arising from civil proceedings are not always appealable before higher courts unless explicitly provided MADAN MOHANJI MAHARAJ VS SUNDER LAL - Allahabad, Ananda Mahapatra VS Bijay Mahapatra - Orissa.
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Appeal Against Tribunal Orders - When no provision for review exists, an appeal may still be available if the order qualifies as a 'judgment' under the relevant appellate provisions, or if the law explicitly allows an appeal from such orders. However, in some cases, no appeal lies against awards under specific statutory schemes like the Motor Vehicles Act if the law states so PRASAD vs SUNEETHI SREE RENJAN - Kerala.
Analysis and Conclusion
Courts should entertain a judgment only if an appeal or review is expressly permitted by law. When a statute does not provide for review, or the order does not constitute a judgment eligible for appeal, courts must dismiss such proceedings as incompetent. An order refusing review can be appealed if it is deemed a judgment under applicable law. Therefore, the proper procedure involves verifying the statutory provisions governing review and appeal before entertaining or dismissing such applications.
References: - Gaizaddy VS Soroj Kumar Acherjee Chowdhury - Calcutta - Ab. Rashid No. 366/CID VS State Of J. &K. - Jammu and Kashmir - Sunita Anilkumar Agrawal VS Anilkumar Balmukund Agrawal - Gujarat - District Collector, Collectorate Office VS N. Udayappan - Madras - RAVISHANKAR DUBE VS BOARD OF REVENUE, MADHYA PRADESH, GWALIOR - Madhya Pradesh - District Collector, Collectorate Office VS N. Udayappan - Madras - Kalpataru Agroforest Enterprises VS Union of India - Madhya Pradesh - MADAN MOHANJI MAHARAJ VS SUNDER LAL - Allahabad - Ananda Mahapatra VS Bijay Mahapatra - Orissa - PRASAD vs SUNEETHI SREE RENJAN - Kerala
Search Results for "How should Court Entertain a Judgment to which an Appeal does Not Lie but only a Review"
1928 0 Supreme(Cal) 343 • India - Calcutta
ZAHHADUR RAHIM ZAHID SUHRAWARDY, GRAHAM
The plaintiffs applied for a review of judgment to the District Judge, which was granted, leading to the present appeal. ... Issues: The main issue was the jurisdiction of the District Judge to entertain the appeal against the decree for mesne profits ... Finding of the Court: The Court found that the appeal was incompetent as it did not fall within the grounds mentioned ... Thereafter the plaintiffs applied for a revie....
1980 0 Supreme(J&K) 11 • India - Jammu and Kashmir
B.A.KHAN
No review, as such lies to the Tribunal for any order passed by the Govt. under Land Grant Rules, as the power of review is not, ... provide for any remedy of review. ... Land Grant Rules - 1060 ... Review Jurisdiction: ... p align="justify ... Since, this Act did not provide for any review before the minister or the Government, the Tribunal was not competent to entertain and dispose of the review petition against ....
1997 0 Supreme(Guj) 447 • India - Gujarat
M.S.PARIKH
on questions of fact.A bare look at Sec. 100 CPC shows that the jurisdiction of the High Court to entertain a second appeal after ... [Para 26]The learned Judge has very extensively examined the evidence placed on record and in his well reasoned judgment he has weighed ... to the main petition and it can hardly be said that a First Appeal or even a Second Appeal is not a proceeding under the Act.It ... The respondent gave application for enhancement of the alimony in ....
2021 0 Supreme(Mad) 1785 • India - Madras
SANJIB BANERJEE, M.M.SUNDRESH, R.SUBRAMANIAN
REVIEW - WRIT PETITION - MAINTAINABILITY OF APPEAL - SCOPE AND AMBIT - MERGER OF ORDERS - REVIEW OF JUDGMENT - APPEALABILITY - ... to be relied upon or reconsidering the matter, an appeal may lie therefrom if such order of refusal can be regarded as a judgment ... to be relied upon or reconsidering the matter, an appeal may lie therefrom if such order of refusal can be regarded as a judgment ... to a scenario where....
1972 0 Supreme(MP) 118 • India - Madhya Pradesh
SHIV DAYAL, A.P.SEN, G.P.SINGH
pissed under section 41(i) of the Ceiling Act, will not lie under section 44 (2) of M.P. ... appeal lies under section 44 (2) of the M.P. ... an order passed in first appeal under sub-section (1) of that section. ... In all these cases which have so far been noticed in the special statute, under which an appeal was provided to an established Court, no provision was made limiting any further right of appeal available under the general law and hence the judgme....
2021 0 Supreme(Mad) 2282 • India - Madras
SANJIB BANERJEE, M.M.SUNDRESH, R.SUBRAMANIAN
APPEALABLE - ORDER REFUSING TO ENTERTAIN REVIEW PETITION - APPEALABLE IF JUDGMENT WITHIN MEANING OF CLAUSE 15 OF LETTERS PATENT ... MAINTAINABLE IN CASE APPEAL DISMISSED - REVIEW OF JUDGMENT AKIN TO REVIEW UNDER CPC - DECISION RENDERED IN REVIEW ON NEW ISSUE APPEALABLE ... to be relied upon or reconsidering the matter, an appeal may lie therefrom if such order of refusal can be regarded as a judgment#HL_E....
2000 0 Supreme(MP) 997 • India - Madhya Pradesh
S.C.PANDEY
Finding of the Court: The court held that the review application was not maintainable as it did not lie and the Tribunal ... Ratio Decidendi: The court concluded that the review application was not maintainable as it did not lie and the Tribunal had ... Consequently, the appeal and all connected appeals failed as no review application lay in....
1951 0 Supreme(All) 155 • India - Allahabad
DESAI
Issues: Whether the High Court can review a judgment of an inferior Court on the ground of an error apparent on the face of ... Ratio Decidendi: The High Court cannot review a judgment of an inferior Court on the ground of an error apparent on the face ... Finding of the Court: The High Court held that the applications for review could not succeed. ... In the case of -- akbar....
2016 0 Supreme(Ori) 968 • India - Orissa
VINEET SARAN, B.R.SARANGI
by the learned Single Judge dealing with an order arising out of a proceeding from a Civil Court would not lie before the Division ... jurisdiction under Article 226 of the Constitution - A Letters Patent Appeal or an Intra Court Appeal in respect of an order passed ... ... Whether a Letters Patent Appeal would lie against the order passed ... If the judgment under appeal falls squarely within four corners of Arti....
2021 Supreme(Online)(KER) 42528 • India - High Court of Kerala
A. BADHARUDEEN, J
Negligence - Motor Vehicles - Act 1988 Section 173 - The court determined that an appeal is maintainable despite the award being ... Final Decision: The appeal is allowed in part, increasing the awarded amount to Rs.39,300 with specified interest. ... Issues: 1) Whether an appeal is viable for awards under Rs.10,000 according to Section 173(2). 2) If the Tribunal erred by ... Appeals:-(1) xxxx xxxx xxxx (2) No appeal shall lie against any award of a Claims Tribunal....
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