Supreme Court Dismisses Review Petition for Lack of Error Apparent. Review Petition Fails as Grounds Raised Did Not Show Any Error on Record Justifying Interference.

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Case Note & Summary

The Supreme Court of India addressed a Review Petition arising from a Special Leave Petition concerning L. Narasimhaiah and the Divisional Controller, Mysore Urban Division. The Review Petition was filed to challenge the earlier decision made in the Special Leave Petition. The court considered the submissions and facts presented in the Review Petition but found that the grounds did not reveal any error apparent on record that would necessitate a reconsideration of the case. Consequently, the court dismissed the Review Petition, emphasizing that the application for listing the Review Petition in open court was also rejected. The decision was made by a bench comprising Chief Justice Uday Umesh Lalit and Justices Ajay Rastogi and Aniruddha Bose on 1st November 2022.

Headnote

A) Review Jurisdiction - Grounds for Review - Error Apparent on Record - Not applicable under Review Petition, 2022 - The court found that the grounds raised did not demonstrate any error apparent on record that would warrant interference with the previous decision. The Review Petition was dismissed as the application did not meet the necessary criteria for review. Held that the dismissal was justified (Paras Not mentioned).

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Issue of Consideration

Whether the grounds raised in the Review Petition justify interference with the earlier decision.

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Final Decision

The Review Petition was dismissed as the grounds raised did not demonstrate any error apparent on record.

Law Points

  • Review jurisdiction
  • error apparent on record
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Case Details

2022 LawText (SC) (11) 143

Review Petition (Civil) No. of 2022

2022-11-01

Uday Umesh Lalit, Ajay Rastogi, Aniruddha Bose

L. Narasimhaiah

The Divisional Controller, Mysore Urban Division

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Nature of Litigation

Review Petition against a decision made in a Special Leave Petition.

Remedy Sought

L. Narasimhaiah sought to review the earlier decision.

Filing Reason

To challenge the decision made in the Special Leave Petition.

Previous Decisions

The Special Leave Petition was previously disposed of after considering rival submissions.

Issues

Whether the grounds raised in the Review Petition justify interference with the earlier decision.

Submissions/Arguments

The appellant argued that there were grounds for review. The respondent contended that no error apparent on record was shown.

Ratio Decidendi

The court held that the grounds for review must show an error apparent on record to justify interference, which was not established in this case.

Judgment Excerpts

Delay in filing Review Petition is condoned. The grounds raised in the Review Petition do not make out any error apparent on record to justify interference.

Procedural History

The Review Petition arose from Diary No. 10074 of 2022 and was related to Special Leave Petition (Civil) No. 27074 of 2016.

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