Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Review petition - Maintainability of - Writ petition by the appellant - Dismissed by High Court |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Review petition - Maintainability of - Writ petition by the appellant - Dismissed by High Court - SLP there against also dismissed - Review petition filed by the appellant before the High Court along with an application for condonation of delay in filing the review petition - Dismissed by the High Court - Appeal before this Court - Plea of respondent that review petition was not maintainable because against the main judgement of the High Court dismissing the writ petition of the appellant, the appellant filed SLP which was dismissed -Held: There was a delay of 71 days in filing the review petition - High Court should have taken a liberal view and condoned the delay - Thus, the delay in filing the review petition before the High Court is condoned - As regards the maintainability of the review petition, it would make no difference whether the review petition was filed in the High Court before or after the dismissal of SLP - It is important whether the judgement of the High Court has merged into the judgement of Supreme Court by the doctrine of merger or not. Where SLP is dismissed by giving some reasons, however, merger (it can be even of just one sentence), there would be a merger of the judgement of the High Court into the judgement of Supreme Court and after merger there is no judgement of the High Court - Thus, there can be no review of a judgement,which does not even exist - When SLP is dismissed without giving any reasons, there is no merger of the judgement of the High Court with the order of Supreme Court - The judgement of the High Court can be reviewed since it continues to exist, though the scope of the review petition is limited to errors apparent on the face of the record - In the instant case, SLP was dismissed without giving any reasons, thus, there was no merger of the judgement of the High Court with the order of Supreme Court - The judgement of the High Court could be reviewed - Matter therefore, remitted to the High Court to decide review petition on merits - Doctrine of merger- Delay/ Laches - Limitation. |
Judge | N/A |
Neutral Citation | 2011 INSC 191 |
Petitioner | Gangadhara Palo |
Respondent | The Revenue Divisional Officer & Another |
SCR | [2011] 3 S.C.R. 746 |
Judgement Date | 2011-03-08 |
Case Number | 5280 |
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