AI Overview...
Understanding S.A. No. 259 of 1956: Appeal Case Review in Indian Law
When searching for S A no 259 of 1956 Appeal Case Review, you're likely delving into pivotal Indian judicial precedents involving appeals, reviews, and constitutional principles. While no single case directly matches this exact citation across the provided results, the search uncovers interconnected rulings from 1956-era laws like the Hindu Adoption and Maintenance Act, 1956, Hyderabad Municipal Corporations Act, 1950 (with 1956 references), and broader 1956 statutes such as the J&K Civil Services Rules or Bihar Consolidation Act. These highlight review vs. appeal distinctions, judicial review scope, and applications in service law, family law, and more. This post synthesizes key insights to clarify these concepts.
Indian courts strictly limit reviews to errors apparent on the face of the record, distinguishing them from broader appeals. Let's break it down based on landmark cases. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific situation.
Key Principles of Review Petitions vs. Appeals
Scope of Review Under CPC Order 47
Reviews are narrower than appeals. As noted, the scope of an application for review is much more restricted than that of an appeal Palla Chenchu Harikala vs Bysani Satish - 2025 Supreme(AP) 1157. Courts allow reviews only for:
- Discovery of new evidence not previously available.
- Mistake or error apparent on the record.
- Other sufficient reason akin to new evidence.
In one case, failure to address arguments constituted an error of law warranting review Palla Chenchu Harikala vs Bysani Satish - 2025 Supreme(AP) 1157. However, re-appreciating evidence turns a review into a disguised appeal, which courts reject National Highways Authority Of India, Through Project Director VS Ashutosh Agrawal S/o Late Shri Kumbhaj Lal Agrawal - 2023 Supreme(Chh) 58.
Appeal as Continuation of Original Proceedings
Appeals under CPC Section 96 or Order 41 involve full re-examination. An appeal is a process of civil law origin and removes a cause, entirely subjecting the fact as well as the law, to a review and a retrial District Collector Ariyalur VS Vaithialingam - 2021 Supreme(Mad) 1049. First appeals must frame proper issues, examine evidence, and deliver reasoned judgments per Order 41 Rule 31.
Judicial Review: A Basic Structure Element
Judicial review is part of the basic structure of the Constitution Air India Statutory Corporation VS United Labour Union - 1997 2 Supreme 165. High Courts under Article 226 can direct absorption of contract labour post-abolition under the Contract Labour Act, 1970, enforcing statutory obligations Air India Statutory Corporation VS United Labour Union - 1997 2 Supreme 165.
- Limits: Courts won't substitute decisions but check arbitrariness (Article 14) or procedural fairness (Article 21).
- Example: In service matters, termination without inquiry may violate Articles 16, 19(1)(g), and 21 if lacking guidelines DELHI TRANSPORT CORPORATION VS D. T. C. MAZDOOR CONGRESS ANB - 1990 Supreme(SC) 493.
Article 311(2) and Public Employment Reviews
The second proviso to Article 311(2) allows dismissal without formal inquiry in cases of discipline breakdown, balancing public interest against livelihood. Livelihood is a matter of concern to the individual and his family as also a matter of public interest Union Of India: Union Of India: Union Of India: Biswaroop Chatterjee: Achinta Kumar Biswas: Nabendu Bose: Laxmi Narayan VS Tulsi Ram Patel: Sadanand Jha: G. P. Koushal: Union Of India: Union Of India: Union Of India: State Of M. P. - 1985 Supreme(SC) 229. Public efficiency trumps individual rights where security risks exist, but reasons must be recorded.
Family Law: Mental Cruelty and Irretrievable Breakdown
In divorce cases under Special Marriage Act, 1954, mental cruelty lacks a fixed definition: There cannot be any comprehensive definition of the concept of ‘mental cruelty’ Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26. Unilateral refusal of cohabitation or procreation qualifies Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26. Long separation (e.g., 16+ years) signals irretrievable breakdown, warranting divorce despite High Court reversals.
Key holdings:
- Unilateral decisions post-marriage (no children, no intercourse) = cruelty Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26.
- Indifference during illness = mental agony Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26.
- Courts presume breakdown after prolonged separation, prioritizing reconciliation only if viable.
Right to Privacy as Fundamental Right
The seminal 2017 Privacy judgment recognizes privacy under Articles 14, 19, and 21: Privacy is an intrinsic part of life, personal liberty and of the freedoms guaranteed by Part III JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - 2017 Supreme(SC) 772. It's not absolute but subject to compelling state interests. Reviews here test procedural fairness in data protection or surveillance.
Service and Labour Law Applications
- Contract Labour Absorption: Post-abolition under Section 10, principal employers must absorb workers as regulars, with seniority from engagement date Air India Statutory Corporation VS United Labour Union - 1997 2 Supreme 165.
- Suspension Reviews: Orders by incompetent authorities are void; prolonged suspension without review = punishment Ali Asgar Hussain vs D/o Rural Development Ut Of J&k - 2024 Supreme(Online)(CAT) 2522.
Recent Analogous Cases with 1956 References
Cases citing 1956 acts (e.g., Hindu Adoption Act in SLPs DHONDIRAM BHAUSO SHINDE vs SHANTABAI NARAYAN BHUJAL, J&K Rules Ali Asgar Hussain vs D/o Rural Development Ut Of J&k - 2024 Supreme(Online)(CAT) 2522) show delays (e.g., 259 days) need condonation explanations. In revenue matters like Bihar Consolidation Act, 1956, civil suits abate post-notification, with consolidation authorities acting as deemed courts Most. Prabhawati Kumari, wife of Late Baccha Singh VS State of Bihar - 2019 Supreme(Pat) 882.
Practical Takeaways for Litigants
- File Timely: Reviews have strict 30-day limits (Limitation Act); explain delays convincingly.
- Distinguish Remedies: Use appeals for merits; reviews for patent errors.
- Judicial Review Scope: Challenge via Article 226/227 for procedural lapses, not re-appreciation.
- Evidence Matters: New evidence or overlooked arguments may succeed in review.
| Aspect | Review | Appeal |
|--------|--------|--------|
| Scope | Error on record only | Full re-hearing |
| Time Limit | 30 days typically | 30-90 days |
| Authority | Same court | Higher court |
| Examples | Non-consideration of plea Palla Chenchu Harikala vs Bysani Satish - 2025 Supreme(AP) 1157 | Factual re-exam District Collector Ariyalur VS Vaithialingam - 2021 Supreme(Mad) 1049 |
Conclusion: Navigating Appeal Case Reviews
S A no 259 of 1956 Appeal Case Review probes enduring principles from 1956-era jurisprudence, echoed in modern rulings. Whether service dismissals Union Of India: Union Of India: Union Of India: Biswaroop Chatterjee: Achinta Kumar Biswas: Nabendu Bose: Laxmi Narayan VS Tulsi Ram Patel: Sadanand Jha: G. P. Koushal: Union Of India: Union Of India: Union Of India: State Of M. P. - 1985 Supreme(SC) 229, divorce cruelty Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26, or privacy JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - 2017 Supreme(SC) 772, courts emphasize fairness, public interest, and limited review scopes. These precedents guide when to seek review versus appeal, ensuring justice without endless litigation.
Disclaimer: Legal outcomes vary by facts. This analysis draws from cited cases (e.g., Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26, Union Of India: Union Of India: Union Of India: Biswaroop Chatterjee: Achinta Kumar Biswas: Nabendu Bose: Laxmi Narayan VS Tulsi Ram Patel: Sadanand Jha: G. P. Koushal: Union Of India: Union Of India: Union Of India: State Of M. P. - 1985 Supreme(SC) 229) for educational purposes. Seek professional advice.
Stay informed on evolving law—share your thoughts below!
Search Results for "S.A. No. 259 of 1956: Appeal Case Review Guide"
1985 0 Supreme(SC) 229 • India - Supreme Court
D. P. MADAN, M. P. THAKKAR, R. S. PATHAK, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Livelihood is a matter of concern to the individual and his family as also a matter of public interest and in appropriate case public ... (2) WITHOUT FORMAL PROCEEDINGS - LARGE SCALE BREAKDOWN OF DISCIPLINE—HOLDING OF FORMAL ENQUIrY UNDER ARTICLE 311(2) NOT POSSIBLE—DISPENSED ... If in appropriate case second proviso to Art.311(2) is applied properly when situation arises and the formal disciplinary enquiry ... There are two remedie....
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
leave to appeal against an order of a Canadian Court in a criminal case, is invalid. ... scope of judicial review. ... The judgment of the Court of Appeal is reported in 27 Man. L.
2007 3 Supreme 26 • India - Supreme Court
DALVEER BHANDARI, P.P.NAOLEKAR, B.N.AGARWAL
In our view, in a case of this nature, no other logical view is possible. ... This is a clear case of irretrievable breakdown of marriage. ... decree—(No)—It is impossible to preserve or save this marriage—Judgment of trial Court granting decree of divorce is restored. ... It is for the judges to review the married life of the parties in all it....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
in High Court itself and in case an appeal against conviction is filed by the Government in Court appeal filed by accused in High ... of appointed even after retirement - Appeal suggested it may be examined by the appropriate authority if a proviso could be added ... Temple case - Overt phase of terrorism - Criminal appeals and SLPs are filed challenging vires of Terrorist Affected Areas (Special ... The decision o....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
judicial review. ... so as to be the subject of a judicial review. ... be subject to judicial review?
2015 0 Supreme(SC) 1060 • India - Supreme Court
M.Y.EQBAL, C.NAGAPPAN
In the said sale certificate the C.T.S. No 129, 130-A, 130-B and 133 of Village Lonavala were mentioned. ... ... Result: Appeal dismissed. ... It appears that these survey numbers were also given C.T.S. No. 129, 130-A, 130-B and 133. ... Similarly, Section 249 makes provision of appeal against the review or revision. ... In the present case, we noticed the scheme of#HL....
2001 0 Supreme(Pat) 770 • India - Patna
S.K.KATRIAR
review is very narrow and therefore his before the same authority-Appeal and Revision are wider in scope-Therefore lies before a ... or Revision lies before a higher authority Review lies before the same authority whose judgment is sought to be reviewed-Power of ... Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 Section 35- The Deputy Director of consolidation cannot exercise ... Law is wel....
2025 0 Supreme(Gau) 1019 • India - IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
(Paras 3.1, 26, 34) ... ... (B) Judicial Review - Scope - A candidate participating in a selection process can challenge ... (Paras 28.1, 28.4) ... ... Facts of the case: ... The petitioner, a qualified candidate, challenged the appointment ... (A) Assam College Employees (Provincialisation) Act, 2005 - Rules of 2010 - UGC Regulations, 2018 - Appointment of Principal - Challenge ... review, to enter into the m....
2024 Supreme(Online)(CAT) 2522 • India - Central Administrative Tribunal
MR. B ANAND, ACJ, MR. RAJINDER S DOGRA, J
(A) J&K Civil Services (Classification, Control and Appeal) Rules, 1956 - Suspension order - The applicant was suspended by an incompetent ... ... ... Findings of Court: ... The court found the suspension order invalid due to lack of authority and failure to conduct a review ... (Paras 14, 16) ... ... Facts of the case: ... The applicant, a VLW, was suspended on allegations ... instance, becomes void ab initi....
1997 0 Supreme(Cal) 242 • India - Calcutta
P.S.NARAYANA
1956 - Section 13(1)(ff)'}Fact of the Case: The plaintiff-landlord filed a suit for eviction of the defendant-tenant ... Final Decision: The High Court dismissed the tenant's appeal and upheld the decree of eviction. ... reasonable requirement under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956. ... (1 ) 6 of S. 13 of the West Bengal Premises Tenancy Act. #HL_ST....
2021 0 Supreme(Mad) 1049 • India - Madras
C.V.KARTHIKEYAN
An appeal is a process of civil law origin and removes a cause, entirely subjecting the fact as well as the law, to a review and a retrial.”13. It is a settled position of law that an appeal is a continuation of the proceedings of the original court. ... Rangaswamy Chettiar, (1980) 4 SCC 259]].”21. When examining the facts of the instant case on the basis of the dictums stated above, I hold it is imperative that the revision petitioners/appellants in A.S. ... The first appeal is a valu....
• India - High Court of Rajasthan - High Court Bench at Jaipur
;left:108pt">review petition. ... However, office has pointed out delay of 259 days in filing of We find that special appeal was also preferred by the State of the name of respondent u/S.82 of the Rajasthan Land Revenue Act, 1956 ... Instant review petition has been filed for recalling of the order <p style="position:absolute;white-space:pre;margin:0;padding:0;top:405pt
2025 0 Supreme(AP) 1157 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Before going into the merits of the case it is as well to bear in mind the scope of the application for review which has given rise to the present appeal. It is needless to emphasise that the scope of an application for review is much more restricted than that of an appeal. ... In the said case, the Hon’ble Apex Court observed that the judgment of the High Court did not deal with and decide many important issues as could be seen from the grounds of review and as rais....
1962 0 Supreme(AP) 127 • India - Andhra Pradesh
CHANDRASEKHARA SASTRI
Similarly, under section 671 of Act II of 1956, the appeal should have been filed within thirty days from the date of the order in respect of or against which the appeal is presented. ... The club itself is not open to the public, but is intended for the benefit of and for the use by its members and that, therefore, the case does not come under clause (c) of section 259. But I find from the record that the Exhibition Club is a separate entity and separately registered. ... Jaleel Ahmed contends that app....
2024 Supreme(Online)(Mad) 81292 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice ABDUL QUDDHOSE
The Project Director (NH 844), National Highways Authority of India, PIU-Krishnagiri, No.259/1, Salem Main Road, Near KaKC Petrol Bunk, Krishnagiri District. ... ... The Petitioner cannot take out an application seeking a direction to the 1st Respondent to once again review the Award passed by him which is treated as an Award under the Arbitration and Conciliation Act, 1996.5. ... Under Section 3G(5) of the National Highways Act, 1956, the 1st Respondent discharges the functions of an Arbitrator. A Remedy is only by way of an application ....
Filter by Legal Phrase
