Case Note & Summary
The petitioner, D.V.R.Recreation Club (a unit of Janege Green Gardens Private Limited), filed a review petition under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of paragraph 3(iv) of the order dated 27.6.2016 passed by the High Court of Karnataka in Writ Appeal No.200290/2015. The background of the case is that the petitioner's club was raided by the police, who demanded that the club obtain a licence under Section 176 of the Karnataka Police Act, 1963, to carry on its recreational activities. The petitioner contended that no such licence was required and filed a writ petition. The learned Single Judge issued directions including installation of CCTV cameras, issuance of identity cards to members, prohibition of non-members or guests from using the premises, and a direction that the petitioner shall not permit any activity by any of its members which would be in violation of the provisions of the Karnataka Police Act, 1963, and the Karnataka Gaming Act, 1963. The petitioner filed a writ appeal, which was dismissed by the Division Bench. The review petition was filed against the order in the writ appeal. The court noted that there was a delay of 19 days in filing the review petition, which was condoned. The court observed that the review petition was filed on the ground that the order in the writ appeal suffered from an error apparent on the face of the record. However, the court found that the petitioner had not pointed out any error apparent on the face of the record and that the review petition was essentially an attempt to re-argue the case. The court held that review is not an appeal in disguise and that the petitioner had not made out any ground for review. Consequently, the review petition was dismissed.
Headnote
A) Civil Procedure - Review - Error Apparent on Face of Record - Section 114, Order 47 Rule 1 CPC - The petitioner sought review of an order directing it to obtain a licence under Section 176 of the Karnataka Police Act, 1963. The court held that review is not an appeal in disguise and that the petitioner failed to demonstrate any error apparent on the face of the record. The review petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the order dated 27.6.2016 in Writ Appeal No.200290/2015 suffers from an error apparent on the face of the record warranting review under Section 114 read with Order 47 Rule 1 CPC.
Final Decision
Review petition dismissed. Delay of 19 days condoned. No error apparent on the face of the record found.
Law Points
- Review jurisdiction
- Error apparent on the face of the record
- Section 176 Karnataka Police Act 1963
- Order 47 Rule 1 CPC
