Supreme Court Dismisses Review Petition in Civil Case Due to Absence of Error Apparent on Record. Review Jurisdiction Exercised After Condoning Delay, with Special Leave Petition Previously Rejected at Admission Stage Under Supreme Court Rules.

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Case Note & Summary

The Supreme Court of India dealt with a Review Petition filed in a civil matter, arising from a Special Leave Petition that had been dismissed at the admission stage. The petitioners, N. Tahera and another, sought review of the dismissal, while the respondents were Seema Begum and another. The Court first condoned the delay in preferring the Review Petition and rejected an application for listing it in open Court. Upon examining the material on record, the Court found no substance in the original Special Leave Petition, which had been rejected at admission. The core legal issue was whether there existed any error apparent on record to justify interference through review. The petitioners' arguments were not detailed in the judgment, but the Court's analysis focused on the absence of any apparent error. The Court reasoned that after going through the Review Petition, it did not identify any such error, leading to the dismissal. The decision upheld the earlier dismissal, with the Review Petition being dismissed, thereby favoring the respondents in the underlying dispute.

Headnote

A) Civil Procedure - Review Jurisdiction - Error Apparent on Record - Supreme Court Rules - The Supreme Court considered a Review Petition against the dismissal of a Special Leave Petition at admission stage - The Court found no error apparent on record to justify interference and dismissed the review petition after condoning delay in filing - Held that the material on record did not reveal any substance warranting review (Paras 1-2).

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Issue of Consideration

Whether there is any error apparent on record justifying interference in the review of a Special Leave Petition dismissed at admission stage

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Final Decision

Delay in preferring the Review Petition is condoned; application for listing Review Petition in open Court is rejected; Review Petition is dismissed as no error apparent on record is found

Law Points

  • Review jurisdiction
  • error apparent on record
  • condonation of delay
  • dismissal at admission stage
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Case Details

2021 LawText (SC) (11) 70

Review Petition (Civil) No. @ Diary No.25555 of 2021 in Special Leave Petition (Civil) No.6866 of 2021

2021-11-30

Uday Umesh Lalit, Ajay Rastogi, Aniruddha Bose

N. Tahera & Anr.

Seema Begum & Anr.

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Nature of Litigation

Review Petition in civil matter

Remedy Sought

Petitioners seeking review of dismissal of Special Leave Petition

Filing Reason

To challenge the dismissal of Special Leave Petition at admission stage

Previous Decisions

Special Leave Petition was rejected at admission stage

Issues

Whether there is any error apparent on record justifying interference in the review

Ratio Decidendi

Review jurisdiction requires an error apparent on record; absence of such error justifies dismissal of review petition

Judgment Excerpts

Delay in preferring the Review Petition is condoned. We have gone through the Review Petition and do not find any error apparent on record to justify interference.

Procedural History

Special Leave Petition (Civil) No.6866 of 2021 was rejected at admission stage; Review Petition (Civil) No. @ Diary No.25555 of 2021 was filed; delay condoned; application for open Court listing rejected; review petition dismissed

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Supreme Court Supreme Court Dismisses Review Petition in Civil Case Due to Absence of Error Apparent on Record. Review Jurisdiction Exercised After Condoning Delay, with Special Leave Petition Previously Rejected at Admission Stage Under Supreme Court Rules.
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