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2012 (10) TMI 680 - SC - Indian LawsMaintainability of review petition - Judgment and decree passed by the High Court was confirmed by the Supreme Court by dismissing the SLP - Held that:- Article 136 of the Constitution does not confer any right of appeal on any party but it confers a discretionary power on the Supreme Court to interfere in suitable cases. Article commences with a non-obstante clause, the words are of over-riding effect and clearly indicate the intention of the framers of the Constitution that it is a special jurisdiction and residuary power unfettered by any statute or other provisions of Chapter IV of Part V of the Constitution. The jurisdiction under Article 136 of the Constitution, of course, cannot be barred by statute since it is extraordinary power under Article 136. Article 136 is an extra-ordinary power which cannot be taken away by legislation. As considerable arguments are being raised before this Court as well as before various High Courts in the country on the maintainability of review petitions after the disposal of the special leave petition without granting leave but with or without assigning reasons on which also conflicting views are also being expressed by the two-Judge Benches of this Court. In order to resolve those conflicts and for proper guidance to the High Courts, we feel it would be appropriate that this matter be referred to a larger bench for an authoritative pronouncement- direction to the petitioner to pay ₹ 1 crore to the respondent within a period of six weeks from today & there will be stay of realization of balance amount till the issue is decided finally.
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