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2017 (7) TMI 987 - HC - Central ExciseNatural justice - opportunity to the noticee to cross examine the witnesses - rehearing of case - error apparent on the face of record - Held that: - the Apex Court has held that rehearing of a case can be done on account of some mistake or an error apparent on the face of the record or for any other sufficient reason - In the present case, there is no error apparent on the face of the record and the petitioner in fact under the guise of review is challenging the order passed by this Court, which is under review. The Apex Court in the case of State of West Bengal and Ors. Vs. Kamal Sengupta and Anr. [2008 (6) TMI 578 - Supreme Court Of India], has held that a mistake or an error apparent on the face of the record means a mistake or an error which is prima-facie visible and does not require any detail examination - In the present case the petitioner has not been able to point out any error apparent on the face of the record, on the contrary this Court has decided the case on merits. The scope of review has held that re-appreciation of evidence and rehearing of case without there being any error apparent on the face of the record is not permissible in light of provisions as contained U/s 114 and Order 47 Rule 1 of Code of Civil Procedure, 1908. Petition dismissed - decided against petitioner.
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