AI Overview...
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Review Application Validity - An application for review is permissible if the original order was passed due to a mistake, an error apparent on face value, or discovery of new and important facts. However, review cannot be used to re-argue issues or correct errors that are not apparent on the face of the order. Nazir Ahmad Dhar VS Musthaq Ahmad Dhar - Jammu and Kashmir, Kewal Krishan VS Sham Lal - Current Civil Cases
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Scope of Judicial Review - Courts exercise limited judicial review over administrative orders, particularly those involving discretion. Judicial review is only permitted on well-defined grounds such as perversity, illegality, or if the discretion was exercised arbitrarily. Orders passed by administrative authorities exercising discretion cannot be interfered with unless their exercise of discretion is shown to be perverse or illegal. Manilal Patel S/o Karsan Bhai VS State of Chhattisgarh through the Secretary, Department of Revenue - Chhattisgarh, Satish Kundanlal Agarwal VS State of Maharashtra - Bombay, Busi Jyothirmay VS Govt. of A. P. , Rep. by its Prl. Secretary, School Edn. Dept. - Andhra Pradesh
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Orders in Review Proceedings - Orders passed in review petitions generally cannot be challenged separately unless they directly affect the main order or are based on errors that justify review. If the review order is not a substantive order but procedural or incidental, it typically cannot be challenged independently. V. V. NARAYANA CHETTY VS C. RADHAKRISHNA GUPTA - Andhra Pradesh, 00200011331
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Limitations of Review - Review courts do not sit to re-hear or re-judge the original matter; their scope is limited to correcting errors such as mistakes or discovering new evidence. The principle that an erroneous decision cannot be reheard and corrected underscores the limited scope of review. Kewal Krishan VS Sham Lal - Current Civil Cases, Nazir Ahmad Dhar VS Musthaq Ahmad Dhar - Jammu and Kashmir
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Specific Cases and Principles - In cases like non-granting relief or non-implementation of judgments, the review petition's scope is limited, and relief cannot be granted merely because the court did not favor the party. Similarly, orders passed by authorities exercising discretionary powers are protected unless shown to be perverse or illegal. Jiwan Chandra Sanwal VS State of Uttarakhand - Uttarakhand, Balan VS Shyamala - Kerala, M. Devender VS District Collector Medak District at Sangareddy - Andhra Pradesh
Analysis and Conclusion:
The general principle is that orders passed in review proceedings are not subject to independent challenge unless they involve errors apparent on face or are based on mistakes or new facts. Judicial review of administrative discretion is limited and cannot interfere unless the discretion was exercised perversely or illegally. The review process is primarily corrective, not re-hearing, and cannot be used as a substitute for an appeal or to revisit substantive issues already decided.
Search Results for "Review Cannot Lie against an Order Passed in Review"
2021 0 Supreme(J&K) 88 • India - Jammu and Kashmir
VINOD CHATTERJI KOUL
An application for review would also lie if order has been passed on account of some mistake. ... It is made clear here that review jurisdiction cannot be used for that purpose. ... Order XLVII Rue 1 of CPC - An application for review would lie, among others, when an order suffers from an error apparent on face ... An application for review would also lie if the order#H....
2016 0 Supreme(Chh) 85 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
- An order passed by an administrative authority exercising discretion vested in it cannot be interfered in judicial review unless ... an appeal over decisions of administrative bodies - A petition for judicial review would lie only on certain well-defined grounds ... court - According to this Court limited scope of judicial review - Courts while exercising power of judicial review do not sit in ... grounds; ... (iii) An order #HL_S....
1988 0 Supreme(AP) 151 • India - Andhra Pradesh
K.JAYACHANDRA REDDY, V.BHASKARA RAO
A. does not lie against an order passed in review petition when it does not lie against the main order itself. ... A. does not lie against an order passed in review petition when it does not lie against the main order itself. ... A. as it does not lie against an order passed in review petition when it does no....
2013 0 Supreme(J&K) 243 • India - Jammu and Kashmir
MOHAMMAD YAQOOB MIR, DHIRAJ SINGH THAKUR
The court ultimately set aside the judgment impugned and dismissed the review petition treated as a petition for implementation of ... The court ultimately set aside the judgment impugned and dismissed the review petition treated as a petition for implementation of ... of the Constitution in the selection process, non-implementation of directions issued in the judgment dated 23.11.2000, and the review ... In case order impugned would dispose of the review petition seeking review of the....
• India - Current Civil Cases
VINOD CHATTERJI KOUL
was made—Application for review would also lie if order has been passed on account of some mistake—Review court does not sit in ... attached to judgment/order cannot be disturbed—Power of review can also be exercised by court in event discovery of new and important ... XLVII Rule 1 CPC, it is not permissible for an erroneous decision to be “reheard and corrected”—Review cannot be treated like an ... The r....
2011 0 Supreme(Bom) 1177 • India - Bombay
B.H.MARLAPALLE, NISHITA MHATRE
... (iii) An order passed by an administrative authority exercising ... discretion vested in it, cannot be interfered in judicial review unless it is shown that exercise of discretion itself is perverse ... ... (ii) A petition for a judicial review would lie only on certain ... ... (iii) An order passed by an administrative authority exercising discretion vested in it, cannot be interfered in judicial review unle....
2019 0 Supreme(UK) 63 • India - Uttarakhand
SHARAD KUMAR SHARMA
in the judgment that has already been passed. ... cannot be a subject matter of review under Section 114 of the Code of Civil Procedure. ... The court dismissed the review petition, stating that the non-granting of relief by the court cannot be a subject matter of review ... Hence, on a conscious reading of Section-114 this Court is of the view that if a relief is not granted by the Court that cannot be a subject matter of review because the #HL_STAR....
2013 0 Supreme(AP) 953 • India - Andhra Pradesh
K.G.SHANKAR
... (iii) An order passed by an administrative authority exercising discretion vested in it, cannot be interfered in judicial review unless it is shown that exercise of discretion itself is perverse or illegal. ... ... (ii) A petition for a judicial review would lie only on certain well-defined grounds. ... The Supreme Court explained the limited scope of judicial review in the following terms:- ... “The limited scope of judicial review, succinctly....
2007 0 Supreme(Ker) 838 • India - Kerala
P.R.RAMAN, V.K.MOHANAN
application for lifting the attachment is already filed - Admittedly, in this case, the application is filed only after the decree is passed ... therefore, the principle in Rama Murthy's case (supra) will not apply - Matter is remitted to the court below for reconsideration - Order ... Natarajan (1998 (1) KLT 310) held that under O. 47 R.1 CPC an application for review will lie by an aggrieved parry, but the court cannot review its own order or decree suo motu in the ....
2011 0 Supreme(AP) 141 • India - Andhra Pradesh
NISAR AHMAD KAKRU, VILAS V.AFZULPURKAR
A) CIVIL SUPPLIES - Public Distribution System (Control) Order, 2001:- Interference with the order of cancellation of the license ... on the ground that he misused the rice supplies meant for food for work scheme and also contravened the conditions of Control order ... ... (iii) An order passed by an administrative authority exercising discretion vested in it, cannot be interfered in judicial review unless it is shown that exercise of discretion itself is perverse o....
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