[Landmark Judgement] Suresh G. Ramnani v/s Aurelia Ana De Piedade Miranda (2019)

Landmark Judgment Law Insider (1)

Published on: 19 November 2022 at 08:41 IST

Court – Supreme Court of India

Citation – Suresh G. Ramnani v/s Aurelia Ana De Piedade Miranda SLP(Civil) No. 20623 of 2019

Hon’ble Supreme Court of India has held that that Review Application must be placed before the Hon’ble Chief Justice of High Court on the administrative side when a judge concerned is not available for the time being by reason of being on leave or otherwise as aforesaid i.e. where he had ceased to sit at a particular bench.

Para – 15

Having considered the submissions, we find that the matter does not raise any factual issue, but it is only a question of interpretation of the Rules, the Court’s propriety and jurisdiction. We do not wish to go into the issue of interpreting the Rules in order to hold as to whether the review should be heard by Judge ‘A’ or any other Judge.

However, we are of the view that considering the overall facts and circumstances of the case, once an application was preferred by any of the parties that a review may be heard by the Judge who had decided the matter and had passed the order from which the review arose, the matter ought to have been placed before the Chief Justice on the administrative side rather than order being passed on the judicial side.

The Chief Justice, being the master of roster and being conferred with specific powers of assigning review petitions in given circumstances under the Rules, the learned single Judge ought not to have dealt with the application dated 16.07.2009 (Misc. Civil Application No.526 of 2019), but should have referred the matter to be placed before the Chief Justice.

Drafted By Abhijit Mishra

Key Words – Review Application, Jurisdiction, Ejusdem Generis.

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