Supreme Court Dismisses Review Petition for Lack of Grounds — Abuse of Process of Law. Review petition was dismissed for failing to disclose any grounds, highlighting the need for adherence to procedural requirements.

  • 5
Judgement Image
Font size:
Print

Case Note & Summary

The case involved a review petition filed by Shantilal Manganlal and another against the dismissal of their Special Leave Petition on December 9, 1983. The petition for review was submitted on January 9, 1984, but it failed to disclose any grounds for the review, merely stating that further grounds would be provided if advised. Over six months passed without any additional grounds being filed, leading to the court's frustration with the manner in which such petitions were being submitted. The court noted that the review petition did not hint at any grounds for review and was considered an abuse of the court's process, wasting valuable time. The court expressed deep dissatisfaction with the indiscriminate filing of petitions and ultimately dismissed the review petition as frivolous, emphasizing the need for proper grounds to be presented in such applications. The decision underscored the importance of adhering to procedural requirements in filing petitions to ensure the efficient functioning of the court.

Headnote

A) Civil Procedure - Review Petition - Grounds for Review - Supreme Court Rules, 1966, Order XL - Review petition was filed without disclosing any grounds, merely stating intention to file further grounds if advised. Court expressed dissatisfaction with the indiscriminate filing of petitions and held that the application was an abuse of the process of the court and entirely frivolous. Held that such petitions waste the court's time and should be dismissed (Paras 206-207).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the review petition filed without disclosing any grounds for review should be dismissed.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court dismissed the review petition, stating it was an abuse of the process of the court and entirely frivolous.

Law Points

  • Review petitions
  • Special Leave Petitions
  • Abuse of process of law
  • Supreme Court Rules
  • Advocate's duty
Subscribe to unlock Law Points Subscribe Now

Case Details

1984 LawText (SC) (07) 7

Review Petition No. 249 of 1984 in Special Leave Petition (C) No. 13618 of 1983

1984-07-24

Chinnappa Reddy, D.P. Madon

1984 AIR 1578, 1985 SCR (1) 205, 1984 SCC (4) 236, 1984 SCALE (2) 61

Shantilal Manganlal and another

Chunnilal Ranchoddas through LRS and others

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Review petition against dismissal of Special Leave Petition

Remedy Sought

Review of the order dismissing the Special Leave Petition

Filing Reason

To be within the limitation prescribed under Supreme Court Rules

Previous Decisions

Special Leave Petition was dismissed on December 9, 1983

Issues

Whether the review petition should be dismissed for lack of grounds

Submissions/Arguments

Petitioner claimed intention to file further grounds if advised Court noted no grounds were actually provided

Ratio Decidendi

The court emphasized the necessity of disclosing grounds in review petitions to prevent abuse of the judicial process.

Judgment Excerpts

This application for Review is nothing short of an abuse of the process of the Court and waste of the time of this Court. The present application is entirely frivolous and is accordingly dismissed.

Procedural History

The Special Leave Petition was dismissed on December 9, 1983, and the review petition was filed on January 9, 1984.

Acts & Sections

  • Supreme Court Rules, 1966: Order XVI, Order XL
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Andhra Pradesh High Court Allows Writ Petition of Contract Assistant Professor Challenging Circular to Replace with Another Contract Lecturer. Temporary Employee Cannot Be Replaced by Another Temporary Employee Absent Regular Appointment Under Articl...
Related Judgement
Supreme Court Supreme Court Allows Electricity Board in Bank Guarantee Recovery Case Due to Unconditional Liability. The Court found that the Bank's obligation to pay under the guarantee was absolute and not affected by the Company's liquidation status under the C...