A well considered judgment does not fall within the scope and ambit of Review, Review Petition against Rainbow Papers judgment dismissed and listed 8 grounds for review of a judgment – Sanjay Kumar Agarwal Vs. State Tax Officer (1) & Anr. – Supreme Court
In the review petition against Rainbow Papers judgment, Hon’ble Supreme Court, bench comprising of Mr. Justice Ajjikuttira Somaiah Bopanna and Ms. Justice Bela M. Trivedi held that:
(i) Even a third party to the proceedings, if he considers himself to be an “aggrieved person,” may take recourse to the remedy of review petition.
(ii) Any passing reference of the judgment, which is challenged under review petition, made by the Bench of the equal strength could not be a ground for review.
(iii) Subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.
(iv) The well-considered judgment sought to be reviewed does not fall within the scope and ambit of Review.
(v) A co-ordinate Bench cannot comment upon the discretion exercised or judgment rendered by another co-ordinate Bench of the same strength.
(vi) dismissed the petition holding that the well-considered judgment sought to be reviewed does not fall within the scope and ambit of Review.
The Hon’ble Court also listed 8 points for review of a judgment.
