2016 (10) TMI 268

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..... P. Mathur, Ramesh Chandra Pathak For the Respondent : Dipak Seth ORDER ( Per Hon'ble Sri Narayan Shukla, J. ) Heard Mr. A.P Mathur, learned counsel for the review applicant as well as Mr. Dipak Seth, learned counsel for the respondent. This is a review application to review the judgment and order dated 22.09.2015 passed by this Court, the learned counsel for the review applica....

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....orted in the garb of auto parts and machinery, whereas in the show cause notice old descriptions were recorded. In addition to the aforesaid plea, the learned counsel for the review applicant has raised some more arguments inviting the attention of this Court for reappreciation of evidence. In reply, the learned counsel for the respondent has raised objection against the maintainability of the ....

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....estion of law in an 'error apparent on the face of the record'. The fact that on the earlier occasion the Court held on an identical state of facts that a substantial of law arose would not per se be conclusive, for the earlier order itself might be erroneous. Similarly, even if the statement was wrong, it would not follow that it was an 'error apparent on the fact of the record', ....

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.... if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous d....