Defining the boundaries of judicial review the Jammu and Kashmir and Ladakh High Court has emphasised that errors not evident on the face of the record cannot justify review under Order XLVII Rule 1 of the Civil Procedure Code. A bench of Justice Vinod Chatterji Koul held, “An error that is not self-evident and has to be detected by a …
The Calcutta High Court has recently held that, as a Court of record, a High Court can review and correct its own orders by invoking its jurisdiction under Article 215 of the Constitution. Respondents also argued that Order XLVII Rule I of the Civil Procedure Code, 1908 which stipulates the threshold benchmark for a Court entertaining a review application, had …
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 …
