AI Overview...
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Ground Cannot Be Taken in Review - A review petition cannot be based on new grounds or fresh evidence that were not considered in the original judgment. The scope of review is limited to correcting errors apparent on the face of the record and cannot be used to reargue the case or introduce new points. Erroneous views or decisions in the judgment are not valid grounds for review Girdhar Singh VS State of Raj. - Rajasthan.
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Limited Scope of Review - The purpose of review is to rectify errors apparent on the record, not to reconsider the entire case or correct judgments based on new grounds. Courts have consistently held that review cannot be used as a rehearing or for re-evaluation of facts or law not previously argued or considered KISHORE CHANDRA MOHANTY VS UNION OF INDIA (UOI) - Orissa.
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No Reopening of Issues - The courts have emphasized that review petitions cannot involve investigation of new facts or grounds that were not available or raised during the original proceedings. If a ground was not argued earlier, it cannot be introduced in the review petition Datla Chandraiah (died) by LR VS Kothalanka Durgavara Prasada Rao - Andhra Pradesh.
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Previous Grounds Already Considered - Review applications based on grounds already considered in the original proceedings or earlier review petitions are liable to be rejected. The courts require that the grounds for review must be specific and involve errors apparent on the face of the record, not mere disagreements or new arguments V. S. H. Babu VS V. Savithri - Current Civil Cases.
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New Grounds and Rehearing Not Permissible - The courts have clarified that review cannot be used as a platform for re-arguing or presenting new grounds that were not part of the original case. Presenting new grounds or arguments does not justify a review, as the purpose is to correct only apparent errors, not to re-litigate the case Chhattisgarh State Industrial Development Corporation vs M/s Parthconcast Ltd. - Chhattisgarh.
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Error on Face of Record - Review is permissible only where an error is apparent on the face of the record. Errors based on factual appreciation or subsequent developments cannot be grounds for review ESS DEE Nutek Infinities (P) Ltd. VS Yashwant Singh @ K. K. Singh - Consumer.
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Legal Provisions and Limitations - Specific provisions, such as Section 22 of the Consumer Protection Act, 1986, and other statutes, limit the scope of review to errors apparent on record and do not permit re-examination of facts or new grounds Union of India represented by the Secretary to Government of India, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions vs Smilna Sudhakar - Central Administrative Tribunal.
Analysis and Conclusion
The consistent judicial stance across various cases underscores that a point cannot be taken in review if it involves new grounds, facts, or arguments not previously considered. Review is strictly meant to correct errors apparent on the record, not to serve as a rehearing or re-argument platform. Courts have repeatedly rejected review petitions based on new grounds or issues that were not part of the original proceedings, emphasizing the limited scope of review to prevent re-litigation and preserve judicial efficiency.
Search Results for "New Ground or Point Cannot Taken in Review"
2006 0 Supreme(Raj) 1813 • India - Rajasthan
R.N.ARVIND
and view taken in the judgment may be erroneous but cannot be a ground for review — The scope of review is verylimited and it can ... has been held and decided—View taken in the judgment maybe erroneous but cannot be a ground for review." ... C.P.C., Order 47 Rule 1; Rajasthan Land Revenue Act, 1956, Sec. 86 — Review petition — Scope — Held — Point that has been decided ... in the judgment maybe e....
1988 0 Supreme(SC) 199 • India - Supreme Court
M.P.THAKKAR, N.D.OJHA
ground cannot be taken into consideration for the purposes of the review application, apart from the fact that it would also involve ... investigation of new facts which were not on record till the point of time when the appeal was disposed of by this Court – Court ... See no reason to, entertain this review petition which accordingly fails and is dismissed – Petition dismissed. ... The new ground cannot be #HL_STA....
2010 0 Supreme(Ori) 918 • India - Orissa
L.MOHAPATRA, I.MAHANTY
It emphasized that a review petition cannot permit a new ground to be taken for reconsideration of the entire issue, especially when ... It cannot be used to correct an erroneous decision, and the review petition has a limited purpose and cannot be allowed to be 'an ... It cannot be used for a rehearing on fact and law to correct an erroneous decision. ... We are afraid, in a review petition the Court can....
2003 0 Supreme(AP) 1202 • India - Andhra Pradesh
P.S.NARAYANA
of that decree – Power of review will not be exercised where review petition is based on same ground as had been already considered ... in original proceeding – Where it appears to Court that there is no sufficient ground for a review it shall reject application and ... review application are all grounds touching merits of matter and at any rate this will not fall either under error apparent on face ... The error must be one which strikes one on merely looking at the ....
• India - Current Civil Cases
M.S.RAMACHANDRA RAO
— HELD — Therefore even on this ground not permissible to entertain present review petitions. ... — Point sought to be canvassed in present review petitions — Not canvassed in earlier Review petitions or at time when appeals heard ... petitions condoned — It would cause grave prejudice to respondent — Law of limitation may harshly affect Review Petitioner — But ... The new ground cannot be taken into consideration ....
2015 0 Supreme(AP) 291 • India - Andhra Pradesh
M.S.RAMACHANDRA RAO
was not argued in the earlier review petitions by the earlier counsel Sri on account of probably inadvertence. ... plea that the appeal had abated and the judgment on merits rendered by this Court on 13-2-1986 requires to be set aside on this ground ... would be entitled to half share of the property left behind by his father Learned counsel for the petitioner contended that this point ... The new ground cannot be taken into consideration for the purposes of the #HL_S....
2013 0 Supreme(AP) 459 • India - Andhra Pradesh
M.S.RAMACHANDRA RAO
Tenancy and Agricultural Lands Act 1950 - Section 91 – Review---Order passed by High Court is amenable to review by High Court—High ... specific provision providing for review in the Act. ... Court, being a Court of record under Article 215 of Constitution of India, can review order passed by it under Section 91 of Act ... The new ground cannot be taken into consideration for the purposes of the review application, apart from the f....
2024 Supreme(Online)(CG) 1456 • India - High Court of Chhattisgarh
Parth Prateem Sahu, Narendra Kumar Vyas, JJ
; it cannot be used to reargue the case or present new grounds not brought before the original judgment. ... New grounds presented do not justify the review. ... ... ... Ratio Decidendi: The court clarified that merely presenting new arguments does not suffice for a review and emphasized the ... Chief Executive Officer, MP and Ors., reported in (2004) 10 SCC 126, Hon'ble Supreme Court has held thus:- “10......A point that has been....
• India - Consumer
PREM NARAIN, C.VISWANATH
application filed—Duty of Registrar Office—Grounds taken for review application—Already dealt—No error on face of record—Review ... Consumer Protection Act, 1986—Review application—Section 22—Documents altered—Respondents not consumer—Review ... (Para 4, 6, 7) Result: Review Application dismissed. ... The grounds taken up in the review application have been properly dealt in the above order passed in the #HL_START....
2025 Supreme(Online)(CAT) 10913 • India - Central Administrative Tribunal
K.HARIPAL, J, V. Rama Mathew, AM
... ... Ratio Decidendi: The court stated that review cannot be used as a vehicle for re-hearing or simply rehashing arguments already ... errors in factual appreciation without establishing grounds for review. ... (Paras 1, 3) ... ... (B) Errors apparent on record - The Tribunal cannot re-evaluate mere disagreements ... The happening of some subsequent event or development cannot be taken note of for declaring the initial order/decision as vitiated by an error appa....
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