Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the review petition disclosed any ground under review jurisdiction to recall the earlier order, including any error apparent on the face of the record or any other sufficient reason.
Analysis: Review lies only within the narrow confines of the statutory grounds for review, namely discovery of new and important matter, error apparent on the face of the record, or other sufficient reason. The earlier writ order had been passed in the presence of both sides and recorded agreement that the issue was already covered by an earlier coordinate Bench decision. The challenge in review was founded on an alleged failure to consider the petitioner's factual contentions and authorities, but no patent mistake or manifest error on the face of the record was shown. The disputed refund rejection was also treated as an appealable order, and the earlier order had already protected the statutory appellate remedy with consequential reliefs.
Conclusion: No ground for review was made out and the review petition was liable to be dismissed.
Final Conclusion: The earlier order was left undisturbed, and the petitioner obtained no relief in review proceedings.
Ratio Decidendi: Review jurisdiction cannot be invoked to reopen a consent-based order absent a demonstrable error apparent on the face of the record or any statutorily recognised ground for review.