Khushi Doshi
Published on: March 25, 2022 at 13:00 IST
The Supreme Court ruled on Tuesday that Courts exercising Review Jurisdiction must satisfy themselves of any error visible on the face of the record.
A Division Bench of Justices MR Shah and BV Nagarathna ruled that the Madhya Pradesh High Court’s hearing of a Review Petition without detailing what such error was was unsustainable in law.
The Bench was hearing an appeal against the ruling of the Madhya Pradesh High Court, which had granted a Review Petition and recalled an order it issued on November 10, 2020.
The Supreme Court noted that the High Court had made no mention of any mistake obvious on the face of the record that called for the review application to be granted.
The top Court described the error as cryptic, non-reasoned, and non-speaking order, and stated that there must be a spoken and reasoned order as to obvious errors that require intervention by the High Court.
As a result, the Court reversed the High Court’s ruling and remanded the case to the High Court for reconsideration in order to resolve and dispose of the review application in line with law and within the limitations of its review competence.
The High Court should thereafter issue a clear and reasoned order, the Supreme Court ruled.
Advocate-on-The appellant was represented by Record Arjun Garg, who was assisted by attorneys Aakash Nandolia and Sagun Srivastava. Mritunjay Kumar Sinha, Advocate-on-Record, appeared for the respondent, along with Amitesh Kumar and Binisa Mohanty.
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