Supreme Court Dismisses Review Petition for Lack of Apparent Error. Review Petition Fails to Establish Grounds for Interference as No Error Apparent on Record.

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Case Note & Summary

The case involved a Review Petition filed by Raju Yadav and others against Sarju Dusadh and others in the Supreme Court of India. The Review Petition was filed after the High Court dismissed a second appeal, concluding that no substantial question of law arose for consideration, which was subsequently affirmed by the Supreme Court when it dismissed the Special Leave Petition. The Review Petition sought to challenge this dismissal, but the court found that the grounds presented did not demonstrate any error apparent on the record. The court emphasized that the Review Petition failed to meet the necessary criteria for interference, leading to its dismissal. The decision was made by a bench comprising Justices Uday Umesh Lalit, Hemant Gupta, and S. Ravindra Bhat on November 16, 2021.

Headnote

A) Review Jurisdiction - Error Apparent on Record - Dismissal of Review Petition - Supreme Court of India, 2021 - The Review Petition did not establish any error apparent on record that warranted the court's interference, leading to its dismissal. Held that the grounds presented were insufficient to justify a review of the earlier decision (Paras 1-2).

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Issue of Consideration

Whether the Review Petition made out any error apparent on record to justify interference.

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Final Decision

The Supreme Court dismissed the Review Petition, finding no error apparent on record to justify interference.

Law Points

  • Review jurisdiction
  • substantial question of law
  • error apparent on record
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Case Details

2021 LawText (SC) (11) 185

Review Petition (C) No. of 2021 (Diary No.17155 of 2021)

2021-11-16

Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat

Raju Yadav & Ors.

Sarju Dusadh & Ors.

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Nature of Litigation

Review Petition against dismissal of second appeal.

Remedy Sought

Review of the earlier decision dismissing the Special Leave Petition.

Filing Reason

To challenge the dismissal of the second appeal by the High Court.

Previous Decisions

Second appeal dismissed by the High Court; Special Leave Petition dismissed by the Supreme Court.

Issues

Whether the Review Petition made out any error apparent on record to justify interference.

Submissions/Arguments

Petitioners argued that there were grounds for review. Respondents contended that no substantial question of law arose.

Ratio Decidendi

The court held that a Review Petition must demonstrate an error apparent on the record for the court to consider interference.

Judgment Excerpts

Delay of 160 days in preferring Review Petition is condoned. The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.

Procedural History

The second appeal was dismissed by the High Court, which was affirmed by the Supreme Court when the Special Leave Petition was dismissed.

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