Lawstreet Journal

Order Allowing Review Petition Must Be a Speaking and Reasoned Order: Supreme Court

Lawstreet Journal 24 Mar 2022 11:43pm

Image courtesy: Lawstreet Journal Judiciary Order Allowing Review Petition Must Be a Speaking and Reasoned Order: Supreme Court

It was observed by the Supreme Court that an order allowing a review petition should be a speaking and reasoned order as to what was the error apparent on the face of the record.

The Bench consisting of Justice MR Shah and BV Nagarathna observed: “Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated."

In the case Ratan Lal Patel v. Dr Hari Singh Gour Vishwavidyalaya, the Division Bench of the High Court at first dismissed a writ appeal that challenged a single bench order which had allowed the writ petition challenging an order of superannuation. 

Subsequently, it allowed a review petition which was filed by the University and reinstituted the writ petitions and writ appeals. 

The said order reads: “On considering the pleadings, it is noticed that there is apparent error on the face of the record which calls for interference. The matter requires reconsideration….”

The bench of the Apex Court in appeal noted that order allowing the review application is a cryptic, non-reasoned and non-speaking order.

It also said that Nothing has been mentioned and/or observed as to what was that error apparent on the face of the record which called for interference. It cannot be disputed that the review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise. Therefore, while exercising the review jurisdiction, the Court has… Continue Reading...


Tagged: Supreme Court of India  
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