Supreme Court Dismisses Review Petition in Special Leave Petition Case Due to Absence of Error Apparent on Record. Court Found No Grounds Justifying Interference After Agreeing with High Court's View in Original Special Leave Petition.

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Case Note & Summary

The Supreme Court was presented with a Review Petition concerning a previously dismissed Special Leave Petition. The procedural background involved the High Court having taken a view with which the Supreme Court agreed, leading to the dismissal of the Special Leave Petition. The petitioner then filed a Review Petition, which was delayed, and the court first condoned this delay. The core legal issue was whether the grounds raised in the Review Petition demonstrated any error apparent on record that would warrant judicial interference. The court analyzed the grounds presented and concluded that they failed to establish any such error. Consequently, the Review Petition was dismissed. The decision reaffirms the principle that review jurisdiction is limited to correcting errors apparent on the face of the record and does not permit re-examination of matters on merits unless such error is clearly demonstrated.

Headnote

A) Civil Procedure - Review Petition - Error Apparent on Record - Code of Civil Procedure, 1908, Order XLVII - Review Petition was filed seeking reconsideration of dismissal of Special Leave Petition - Court examined grounds and found they did not make out any error apparent on record - Held that no interference was justified and Review Petition was dismissed (Paras 1-2).

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Issue of Consideration

Whether the grounds taken in the Review Petition make out any error apparent on record to justify interference

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Final Decision

Delay in preferring Review Petition condoned. Review Petition dismissed as grounds do not make out any error apparent on record to justify interference.

Law Points

  • Delay condonation
  • Review petition grounds
  • Error apparent on record
  • Interference justification
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Case Details

2022 Lawtext (SC) (3) 7

REVIEW PETITION (CIVIL)NO. OF 2022 (ARISING OUT OF D.NO.2425 OF 2022) IN SPECIAL LEAVE PETITION (CIVIL)NO. 12147 OF 2021

2022-03-29

[Uday Umesh Lalit J. , Ajay Rastogi J.]

RAM KRISHNA GHOSH

STATE OF WEST BENGAL AND ORS.

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Nature of Litigation

Review Petition seeking reconsideration of dismissal of Special Leave Petition

Remedy Sought

Petitioner sought review of dismissal of Special Leave Petition

Filing Reason

To correct alleged error apparent on record in previous dismissal

Previous Decisions

High Court took a view, Supreme Court agreed and dismissed Special Leave Petition

Issues

Whether grounds in Review Petition make out error apparent on record to justify interference

Ratio Decidendi

Review jurisdiction is limited to correcting errors apparent on the face of the record; grounds must clearly demonstrate such error to justify interference.

Judgment Excerpts

Delay in preferring Review Petition is condoned. Agreeing with the view taken by the High Court the Special Leave Petition was dismissed by this Court. The grounds taken in the Review Petition do not make out any error apparent on record to justify interference. This Review Petition is, therefore, dismissed.

Procedural History

High Court took a view, Supreme Court agreed and dismissed Special Leave Petition, then Review Petition was filed with delay which was condoned, and Review Petition was dismissed.

Acts & Sections

  • Code of Civil Procedure, 1908: Order XLVII
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Supreme Court Supreme Court Dismisses Review Petition in Special Leave Petition Case Due to Absence of Error Apparent on Record. Court Found No Grounds Justifying Interference After Agreeing with High Court's View in Original Special Leave Petition.
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