Article 137 of the Constitution gives the Supreme Court the power to review its own judgments
Part VIII, Order XL of the Supreme Court Rules, 1966 makes the procedure for Review. It may be civil or criminal.
The Constitution does not lay down the grounds on which the Supreme Court may review its own orders or judgments. Order XL Rule 1 of the Supreme Court Rules provides that no application for review will be entertained in a civil proceedings except-
On the grounds mentioned in Order XLVII Rule1 of the Code of Civil Procedure and
in criminal proceeding except-
On the ground of an error apparent on the face of the record.
The limitation period for filing a Review Petition is 30 days. It means one has to file his or her Review Petition within the prescribed period of 30 days since the passing of judgment or order which is to be challenged in Review.
An application for Review shall , as far as practical, be circulated to the same judge or Bench of judges that delivered the judgment or order.
Unless otherwise ordered by the Court, an application for review shall be disposed of by circulation without any oral arguments.
Where an application for review has been made and disposed of, no further application for review shall be entertained in the same matter. Rule 5 of Order XL prohibits a Second Review Petition. It is important to note that Jurisdiction of the Supreme Court under Article 32 of the Constitution can not be invoked after exhausting the remedy of review under Article 137 of the Constitution.
Application seeking a review, clarification or modification of an award, passed by a Bench of Lok Adalat , shall be placed before the same Bench at any next Lok Adalat for consideration.
Comments (13525)