Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial propriety: Application seeking hearing of review by a particular judge – Matter to be placed on the administrative side or order to be passed on judicial side – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judicial propriety: Application seeking hearing of review by a particular judge – Matter to be placed on the administrative side or order to be passed on judicial side – Held: Once an application was preferred by any of the parties that a review may be heard by the Judge who had decided the matter and had passed the order from which the review arose, the matter ought to have been placed before the Chief Justice on the administrative side rather than order being passed on the judicial side – Proviso to r. 3(1) of Chapter XXX of the Rules confers power on the Chief Justice to assign a particular matter to a Single Judge for hearing of the review application where the Single Judge concerned was not available for the time being by reason of being on leave or otherwise where he had ceased to sit at a particular Bench – Chief Justice, being the master of roster and being conferred with specific powers of assigning review petitions in given circumstances under the Rules – On facts, the Single Judge ought not to have dealt with the application but should have referred the matter to be placed before the Chief Justice – In view thereof, direction to the Registry of the High Court to place the application on the administrative side before the Hon’ble Chief Justice for appropriate orders – Bombay High Court Rules – Chapter XXX, r 3(1) – Code of Civil Procedure, 1908 – Ord. 47 r. 5 |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 1196 |
Petitioner | Suresh G. Ramnani |
Respondent | Aurelia Ana De Piedade Miranda @ Ariya Alvares (dead Thr. Lrs) & Ors. |
SCR | [2022] 10 S.C.R. 69 |
Judgement Date | 2022-11-10 |
Case Number | 8293 |
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