TMI Blog2015 (11) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be permitted to be reduced from the net profit as per profit and loss account? Held that:- The questions now sought to be raised in these petitions cannot be gone into because the power of review cannot be exercised on the ground that the decision is incorrect or erroneous on merit, as the same lies only within the ambit of higher court having appellate power. It is the appellate court which alone is in a position to correct the error committed by the subordinate courts by virtue of power of appeal conferred on the said court by some statute, of course subject to the exception that the error is otherwise apparent on the face of record and not an error which has to be fished out and searched. Under the guise of review, the parties are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi (2011) 2 SCC 168. Though this provision had not only been cited, but argued at length. 3. Before adverting to the merits of such contention, scope of review is first required to be borne-in-mind. 4. This Bench had already considered the scope of judicial review in (i) M/s Harvel Agua India Pvt Ltd Vs. State of HP ors, Review Petition No.4084 of 2013 decided on 9.7.2014; (ii) K.P. Singh Vs. High Court of HP ors, Civil Review No.2 of 2012, decided on 12.11.2014 and recently in Rajinder ors Vs. Gokal Chand, review petition No.91/2015 decided on 12.8.2015, wherein after referring to the case law, this Bench has culled out certain broad principles regarding maintainability/non maintainability of the review petition and the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsequent decision/judgment of a coordinate or larger Bench of the Court or of a superior Court. (xi) While considering an application for review, court must confine its adjudication with regard to the material which was available at the time of initial decision. The happening of some subsequent event or development cannot be taken note of for declaring the initial order/decision as vitiated by an error apparent. (xii) Mere discovery of a new or important matter or evidence is not sufficient ground for review. The parties seeking review has also to show that such mater or evidence was not within its knowledge and even after exercise of due diligence, the same could not be produced before the Court earlier. 5. Adverting to the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the subordinate courts by virtue of power of appeal conferred on the said court by some statute, of course subject to the exception that the error is otherwise apparent on the face of record and not an error which has to be fished out and searched. Under the guise of review, the parties are not entitled to re-hearing and this Court while exercising power of review cannot sit in appeal over its own order. 7. Having said so, it can safely be concluded that the petitioners have failed to make out a case within the four corners of Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure. Accordingly, we find no merit in these Review Petitions and the same are dismissed, leaving the parties to bear their costs. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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