Supreme Court Dismisses Review Petition in Criminal Appeal — No Error Found. Relief Granted in Line with Earlier Settlement.

  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The case involved a review petition filed by Shikha Jain against the State of Uttar Pradesh concerning a prior criminal appeal. The Supreme Court considered the facts and circumstances presented in the review petition and noted that a settlement had previously been reached. Upon reviewing the grounds for the petition, the court concluded that there was no apparent error in the original judgment that would justify any interference. Consequently, the review petition was dismissed, affirming the relief granted in accordance with the earlier settlement. The decision was made by Justices Uday Umesh Lalit and Ajay Rastogi on November 16, 2021.

Headnote

A) Criminal Procedure - Review of Judgment - Error Apparent - Review Petition dismissed for lack of apparent error - Supreme Court of India, 2021 - The court found no error in the original judgment warranting interference and upheld the previous settlement. Held that the relief was granted in line with the spirit of the earlier settlement (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether there was an error apparent in the original judgment to justify interference.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court dismissed the review petition, finding no error apparent in the original judgment.

Law Points

  • Review of judgment
  • error apparent
  • inherent jurisdiction
Subscribe to unlock Law Points Subscribe Now

Case Details

2021 LawText (SC) (11) 194

Review Petition (CRL.) No.395 of 2021 in Criminal Appeal No.731 of 2021

2021-11-16

Uday Umesh Lalit, Ajay Rastogi

Shikha Jain

The State of Uttar Pradesh & Anr.

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

Nature of Litigation

Review petition in a criminal appeal

Remedy Sought

Petitioner sought review of the original judgment

Filing Reason

To challenge the original judgment on grounds of apparent error

Previous Decisions

Original judgment upheld a settlement

Issues

Existence of error apparent in the original judgment

Submissions/Arguments

No error found to justify interference

Ratio Decidendi

The court held that a review petition requires an apparent error to justify interference, which was not found in this case.

Judgment Excerpts

Considering the facts and circumstances of the case on record and in keeping with the spirit of settlement that was earlier arrived at, the relief was granted. We have gone through the grounds taken in Review Petition and do not find any error apparent to justify interference.

Procedural History

Review Petition filed against the original judgment in Criminal Appeal.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Arbitration Application Despite Allegations of Fraud — Holds That Serious Allegations of Fraud Do Not Bar Appointment of Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 When the Dispute Falls Withi...
Related Judgement
High Court Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim re...