Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966- Order XL and Order XVIII Supreme Court Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Application Dismissed |
Headnote | Supreme Court Rules, 1966- Order XL and Order XVIII, rule 5 - Review power- Under Order XL of the Rules, a review application has to first go before the Judges in circulation and it is for the Court to consider whether the application is to be rejected without an order giving an oral hearing or whether notice is to be issued to the opposite party - Practice of overcoming the provision for review under Order XL of the Rules by filing application for re-hearing/modification/ clarification deprecated by Supreme Court - Held: Many a times, applications are filed for clarification !modification/recall or rehearing not because of any clarification/modification is found necessary but because the applicant in reality wants a review and also wants hearing by avoiding circulation of the same in Chambers ~ A party cannot be permitted to circumvent or by-pass this circulation procedure and indirectly obtain a hearing in the open Court - What cannot be done directly, cannot be permitted to be done indirectly - Generally an application for correction of a typographical error or omission of a word etc. in a Judgement or order would lie, but a petition which is intended to review an order or Judgement under Order XL VII Rule 1 of CPC and in criminal proceedings except on the ground of an error apparent on the face of the record, could not be achieved by filing an application for clarification !modification/recall or rehearing, for which a property constituted review is the remedy |
Judge | N/A |
Neutral Citation | 2013 INSC 6 |
Petitioner | Cine Exhibition Pvt. Ltd |
Respondent | Collector, District Gwalior And Others |
SCR | [2013] 1 S.C.R. 130 |
Judgement Date | 2013-01-04 |
Case Number | 281-282 |
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