Case Note & Summary
The Supreme Court of India addressed a Review Petition arising from a prior Civil Appeal concerning a decision made by the Administrative Committee of the U.P. Milk Union & Dairy Federation. The petitioner, Jagpal Singh, sought to challenge the order of punishment imposed by the Administrative Committee, which had been upheld by the High Court. The Review Petition was filed after a delay of 62 days, which the Court condoned. However, the Court rejected the application for listing the Review Petition in open Court. Upon reviewing the relevant provisions and the facts, the Court determined that the earlier judgment did not warrant interference, as it was based on a correct understanding of the law and facts. The Review Petition was dismissed on the grounds that it did not reveal any apparent error on record. Additionally, the Court dismissed an application from the Review Petitioner seeking action against the respondents under Section 340 of the Code of Criminal Procedure, deeming it devoid of merit. The judgment was delivered by Justices Uday Umesh Lalit, Hemant Gupta, and S. Ravindra Bhat on December 14, 2021.
Headnote
A) Review Jurisdiction - Error Apparent on Record - Dismissal of Review Petition - Code of Civil Procedure, 1908 - The Court found that the grounds raised in the Review Petition did not establish any error apparent on record, thus justifying the dismissal of the Review Petition. Held that the previous decision was based on correct appreciation of facts and law (Paras 1-2).
Issue of Consideration
Whether the Review Petition made out any error apparent on record to justify interference.
Final Decision
The Review Petition was dismissed as the grounds raised did not reveal any error apparent on record. The application for action under Section 340 of the Code of Criminal Procedure was also dismissed for lack of merit.
Law Points
- Review jurisdiction
- error apparent on record
- application for action under Section 340
- Code of Criminal Procedure
