Kamlesh Verma Vs Mayavati and Others
Kamlesh Verma Vs Mayavati and Others
Kamlesh Verma Vs Mayavati and Others
REPORTABLE
Versus
J U D G M E N T
P.Sathasivam, CJI.
2) Brief Facts:
2003 in Writ Petition (C) No. 13381 of 1984 titled M.C. Mehta
vs. Union of India & Ors., (2003) 8 SCC 706, directed the CBI to
said Project.
Others, (2003) 8 SCC 696 wherein the CBI was directed to conduct
with Sections 420, 467, 468 and 471 of the Indian Penal Code,
1860 (in short ‘the IPC’) and under Section 13(2) read with
13(2) read with Section 13(1)(e) of the PC Act only against Ms.
Ms. Mayawati and her close relatives on the basis of which, the
CBI has lodged the said FIR. Pursuant to the same, the CBI
the CBI exceeded its jurisdiction in lodging the same and also
review petition.
Discussion:
whether the review petitioner has made out a case for reviewing
Review Jurisdiction:
as under:
under:
1966 deals with the review and consists of four rules. Rule 1 is
in Sow Chandra Kante & Anr. vs. Sheikh Habib (1975) 1 SCC 674,
held as under:
Parsion Devi & Ors. vs. Sumitri Devi & Ors., (1997) 8 SCC 715,
held as under:
9
“7. It is well settled that review
proceedings have to be strictly confined to the
ambit and scope of Order 47 Rule 1 CPC. In
Thungabhadra Industries Ltd. v. Govt. of A.P.
this Court opined:
“What, however, we are now concerned with is
whether the statement in the order of September
1959 that the case did not involve any
substantial question of law is an ‘error apparent
on the face of the record’). The fact that on the
earlier occasion the Court held on an identical
state of facts that a substantial question of law
arose would not per se be conclusive, for the
earlier order itself might be erroneous.
Similarly, even if the statement was wrong, it
would not follow that it was an ‘error apparent
on the face of the record’, for there is a
distinction which is real, though it might not
always be capable of exposition, between a mere
erroneous decision and a decision which could be
characterised as vitiated by ‘error apparent’. A
review is by no means an appeal in disguise
whereby an erroneous decision is reheard and
corrected, but lies only for patent
error.”(emphasis ours)
apparent on the face of the record and not an error which has to
review. This Court, in Lily Thomas & Ors. vs. Union of India &
in Jain Studios Ltd. vs. Shin Satellite Public Co. Ltd., (2006)
the view of the judgment cannot be the ground for invoking the
review jurisdiction.
Chhajju Ram vs. Neki, AIR 1922 PC 112 and approved by this Court
India vs. Sandur Manganese & Iron Ores Ltd. & Ors., JT 2013 (8)
SC 275.
16
(B) When the review will not be maintainable:-
patent error.
(vii) The error apparent on the face of the record should not
claim of the petitioner and find out whether a case has been
H.N. Rishbud & Inder Singh vs. The State of Delhi, 1955 (1) SCR
1150 at page 1164 and Vineet Narain & Ors. vs. Union of India
that FIR being RC No. 0062003A0019 of 2003 was lodged under the
06.07.2012, the very same contentions have been made, dealt with
beyond the Taj Corridor matter was not the subject matter of
reference before the Taj Corridor Bench and the CBI is not
2003 dated 05.10.2003 since the order dated 18.09.2003 does not
West Bengal & Ors., (2010) 3 SCC 571, this Court, in Mayawati
conclusion:
Inasmuch as the very same point has been urged once again, in
the light of the principles noted above, we are of the view that
23) It is also made clear that we have not gone into any
was the only lis before us in Writ Petition being No. 135 of
dated 06.07.2012.
……….…………………………CJI.
(P. SATHASIVAM)
………….…………………………J.
(DIPAK MISRA)
NEW DELHI;
AUGUST 8, 2013.
22
ITEM NO.1A COURT NO.1 SECTION X
(For judgment)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
VERSUS