2023 (8) TMI 98

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....r(s) Mr. N Venakataraman, A.S.G. Mr. Raj Bahadur Yadav, AOR Mr. Ashok Panigrahi, Adv. Ms. Shivika Mehra, Adv. Mr. Bhuvan Mishra, Adv. Mr. Annirudh Sharma Ii, Adv. Mr. Sabrish Subramanium, Adv. For Respondent(s) Mr. Nageswar Rao, Adv. Mr. Ambhoj Kumar Sinha, AOR ORDER Delay condoned. It is noted that the issues raised in this special leave petition have been answered by a judgment by Th....

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....rosoft Corporation (MS Corp) bearing SLP (C) Dy. No. 7076/2023, a coordinate Bench of this Court by an order dated 20.03.2023 dismissed the special leave petition and liberty has been reserved to reopen and/or revive the special leave petition in the event the review petition in Engineering Analysis Centre of Excellence Private Limited (supra) is allowed. In our view, as on today, Engineering A....

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....le 1 CPC. Application for review of judgment.- (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new ....

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....r words, the Explanation being in the nature of a proviso is a qualifying or an exception to what is stated in Order XLVII Rule 1 CPC which states the grounds for seeking a review. Hence, the object and intendment of the Explanation must be given its full effect. The object and purpose of the Explanation can be related to the following three maxims: (i) Nemo debet bis vexari pro una et ea....