review
In civil cases, s.114 and Order XLVII of the Code of Civil Procedure, 1908 allow a person aggrieved by a decree or order to apply to the same court for review on three grounds: discovery of new and important evidence that could not be produced despite due diligence; a mistake or error apparent on the face of the record; or any other sufficient reason analogous to these. Review is not an appeal in disguise: an erroneous view of law or a decision that can be argued two ways is not an error apparent on the record.
The Supreme Court reviews its own judgments under Article 137 and its rules, usually by circulation. High Courts have an inherent power of review in writ jurisdiction. A criminal court, once it has signed its judgment, cannot alter or review it except to correct a clerical or arithmetical error (s.403 BNSS, old s.362 CrPC). After a review is dismissed, a curative petition is the last remedy.
Example
The review petition merely reargued the case, so it was dismissed as no error apparent on the face of the record was shown.
In Indian law
- Section 114 and Order XLVII, Code of Civil Procedure, 1908
- Article 137, Constitution of India
- Section 403, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.362 CrPC)
See also
appeal · revision · curative petition · special leave petition
Read more in the study notes
- Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
- Separation of powers and its bearing on administrative law (Administrative Law)
- Rule of law and droit administratif (Administrative Law)
- Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
- Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
- Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)