Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court
2 years, 4 months ago

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The said petition was dismissed against which a review petition was filed under Order XLVII Rule 1 CPC. Per contra, the State brought the attention of the Court to Order XLVII Rule 9 CPC, pursuant to which, a review of an order in a review application is not maintainable. The Court further concurred with the objection made by the State that considering the provision laid down under Order XLVII Rule 9 CPC, a second review application is not maintainable.

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History of this topic

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC
1 month, 1 week ago

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. In this regard, the Court referred to Top Court's judgments in …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
10 months, 1 week ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order
1 year, 9 months ago

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order

Live Law  

The Gauhati High Court recently refused to entertain a review petition against a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of CPC stating that there were no grounds mentioned in the petition on which a review can be allowed. The petitioner approached the High Court challenging the maintenance order of the Additional District Judge on …

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
1 year, 10 months ago

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court

Live Law  

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …

Review Of Judgment/Order Passed Under Section 11 Of The A&C Act Is Not Permissible: Andhra Pradesh High Court
2 years, 2 months ago

Review Of Judgment/Order Passed Under Section 11 Of The A&C Act Is Not Permissible: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that review of an order/judgment passed under Section 11 of the A&C Act is not permissible. The Court held that the A&C does not, either expressly or by implication, provide for any review of an order passed under Section 11 of the Act, therefore, the Court cannot review such an order on its …

Status Quo Order U/S 151 CPC Not Sustainable When There Is Express Provision Provided Under The Code: Madhya Pradesh High Court
2 years, 3 months ago

Status Quo Order U/S 151 CPC Not Sustainable When There Is Express Provision Provided Under The Code: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that an order of status quo passed by a court in exercise of its power under Section 151 CPC is not sustainable since there is an express provision provided for the same under the Code of Civil Procedure. Even, status quo order could not have been granted by the Appellate Court exercising the …

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
2 years, 5 months ago

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

Live Law  

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 8 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court
2 years, 10 months ago

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

Live Law  

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High CourtThe bench noted that the petitioner had earlier withdrawn the Special Leave Petition. The …

Order XLI Rule 5 CPC Only Permits Stay Of Execution Of Decree, Not Stay Of Operation Of Judgment: Kerala High Court
3 years, 1 month ago

Order XLI Rule 5 CPC Only Permits Stay Of Execution Of Decree, Not Stay Of Operation Of Judgment: Kerala High Court

Live Law  

The Kerala High Court recently held that Order XLI Rule 5 of the Code of Civil Procedure only provides for stay of the proceedings under a decree or stay of execution of the decree and does not empower the appellate court to stay the operation of the judgment,Justice V.G Arun allowed the original petition with a direction to the appellate …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 4 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

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