In India, binding decisions of the Supreme Court/Court of Appeal can be reviewed in the Petitions Review . Parties who are harmed on any orders from the Supreme Court on any visible errors may file a review petition. Considering the principle of stare decisis, courts generally do not interfere with decisions, without a strong case. The provisions on this review constitute an exception to the legal principle of face-to-face gaze.
Article 137 of the Constitution stipulates that subject to the provisions of laws and rules established under Article 145, the Supreme Court of India has the power to review any decisions made (or orders made) by it. Under the Supreme Court Regulation, 1966 such petitions shall be filed within 30 days from the date of judgment or order. It is also recommended that petitions should be circulated without oral arguments to the same judge's bench conveying the assessments (or orders) searched for review.
Additionally, even after the dismissal of the review petition, the Supreme Court may consider curative appeals to prevent abuse of the proceedings and to cure miscarriage of the judiciary.
While a civil review application may be transferred in accordance with Orders XLVII, Rule 1 (1) of the Civil Procedure Code, 1908 criminal review petitions may be removed only on the basis of errors that appear in advance of the record. (Source: CPC, 1908, and CRPC, 1973)
Video Review petition
Prominent case
Review of IPC 498a - On April 23, the Supreme Court heard the argument and granted its right to a review of the petition filed against the previous order of the Court which prohibited the immediate arrest under this provision of the IPC 498a.
2G spectrum case
On March 2, 2012, Govt of India petitioned a review petition in the Supreme Court requesting a partial review of the February 2, 2012 court order that canceled 122 licenses. The Government questioned the authority of the Supreme Court over the decision on the first-come first-served policy but remained far from challenging the cancellation of 122 permits issued during A King's term as Minister of Telecommunications. On the same day Sistema, the majority shareholder in MTS India, also filed a petition for review in the Supreme Court. The Supreme Court on April 4, 2012 received a Government review petition for limited reasons and rejected all 10 other review petitions.
NEET Case
On July 18, 2013, a 3-judge division bench from SC with a 2: 1 majority verdict has canceled the National Eligibility Entry Test for admission to the MBBS/BDS program. The Indian government subsequently filed a petition for review. The Supreme Court agrees to hear the review petition on October 23, 2013. It remembers the July 18 command on April 11, 2016 and allows the government to conduct NEET to enter the MBBS/BDS program. It decided to re-hear about the validity of the NEET. Furthermore, the 5-judge constitution bench overrides the previous order and upholds the constitutional validity of the National Eligibility Entry Exam for admission to MBBS/BDS programs across the country.
Vodafone-Hutchison Tax Case
On February 17, 2012, Govt of India moved the Supreme Court to request a review of its verdict that the Indian Revenue Tax Department has no jurisdiction to impose Rs.11,000 crore as tax on a foreign agreement between Vodafone and Hutchison. On March 20, 2012, SC rejected a review petition during an in-chamber process that said the petition was unfounded.
Case Mayawati Disproportionate Asset
On October 4, 2012, based on a review petition filed by a person named Kamlesh Verma, the Supreme Court decided to review the previous ruling in an open court in case of a disproportionate asset to Mayawati. The case began in 2003 when the CBI filed a case against Mayawati for possessing a disproportionate asset with a known source of income. Mayawati described the CBI investigation against her as illegal. The asset case was finally canceled on July 6, 2012 - nine years later - by the Supreme Court; the court found that the case was unwarranted. CBI decided not to appeal.
Maps Review petition
See also
- Curative Petition
References
Source of the article : Wikipedia
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