Review petition

rdf:langString Review petition

rdf:langString In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed. It is not necessary for the court to accept every review petition. Court may accept review petition only if it is filed on sufficient grounds which are: 1. * The discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made 2. * On account of some mistake or error apparent on the face of the record 3. * Any other sufficient reason Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice. While a civil review petition can be moved in accordance with Order XLVII, Rule 1(1) of the Code of Civil Procedure, 1908 a criminal review petition can be moved only on the ground of an error apparent on the face of the record. (Source: CPC, 1908 and CRPC, 1973)