Effect of 'in limine' dismissal of Special Leave Petition (SLP) by the Supreme Court and Filing of Review Petition in Supreme Court

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..... Petition (SLP) by the Supreme Court and Filing of Review Petition in Supreme Court- regarding Board has been receiving various references from the field formations in respect of the effect of 'in limine' dismissal of Special Leave Petition (SLP) i.e. without its grant or without admission or any discussion by the Supreme Court. There is doubt relating to whether on dismissal of SLP 'in limine' the question of law posed before the Supreme Court remains open or the doctrine of merger is applicable. There are also doubts relating to filing of Review Petition before the Supreme Court. The issues have been examined by the Board. 2. The Apex Court in Kunhayammed a. State of Kerala 2001 (129) E.L.T. 11 (S.C.) has dwelt extensively upon t .....

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..... "subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.' 4. part VIII, Order XL of the Supreme Court Rules, 1966 states that the Supreme Court may review its judgment in a civil proceeding on the ground mentioned in Order XLVII, Rule I of the Civil procedure Code i.e. the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge or could not be produced at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason. In a criminal proceeding rev .....

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..... l hearing of the case; (iv) Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice; (v) A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error. (vi) The mere possibility of two views on the subject cannot be a ground for review. (vii) The error apparent on the face of the record should not be an error which has to be fished out and searched (viii) The appreciation of evidence on record is fully within the domain of the appellate court it cannot be permitted to be advanced in the review petition. (ix) Review is not maintainable when the same relief sought at t .....

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