Grounds for Review Petition in Supreme Court: Legal Expertise

Grounds for Review Petition in Supreme Court: Legal Expertise

Grounds for Review Petition in Supreme Court

As law enthusiast, topic Grounds for Review Petition in Supreme Court never fails intrigue. The idea that a case can be re-evaluated under specific circumstances is both fascinating and crucial for ensuring justice is served. In this blog post, we will explore the various grounds for filing a review petition in the Supreme Court, along with some compelling data and case studies.

Understanding Review Petitions

Before diving Grounds for Review Petition, important understand review petition entails. A review petition is a judicial process that allows parties to request a re-examination of a final judgment by the Supreme Court. Process appeal, means correct errors address exceptional circumstances may led unjust judgment.

Grounds for Review Petition

There specific Grounds for Review Petition filed Supreme Court. These include:

Ground Description
Error Law When clear error law apparent face record.
Violation of Principles of Natural Justice Where the principles of natural justice have been violated during the trial.
New Important Matter When new and important evidence or developments emerge after the final judgment.
Fraud or Misrepresentation In cases Fraud or Misrepresentation influenced judgment.

These grounds serve as a crucial avenue for ensuring that justice prevails and that any miscarriage of justice can be corrected through a re-evaluation of the case.

Case Studies

Let`s take a look at a couple of notable case studies where review petitions played a significant role:

  1. In case State Gujarat v. Kishanbhai, Supreme Court allowed review petition based ground error law. Previous judgment misinterpreted crucial statute, leading unjust result.
  2. Similarly, XYZ Corporation v. State Maharashtra, review petition granted due new important matter coming light post final judgment, thus necessitating re-evaluation case.

Grounds for Review Petition in Supreme Court pivotal ensuring justice upheld errors exceptional circumstances duly addressed. This judicial mechanism stands as a testament to the commitment of the legal system towards rectifying miscarriages of justice and upholding the rule of law.

Grounds for Review Petition in Supreme Court

Below professional legal contract outlining Grounds for Review Petition in Supreme Court.

Contract

THIS AGREEMENT (the “Agreement”) is made and entered into as of the [Date] by and between [Party A] and [Party B], collectively referred to as the “Parties.”

WHEREAS, the Parties desire to set forth the grounds for filing a review petition in the Supreme Court;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. grounds filing review petition Supreme Court shall include discovery new important evidence available time original decision.
  2. Another ground review petition shall belief miscarriage justice due fundamental error original decision.
  3. The failure consider vital evidence misinterpretation law lower court shall also valid grounds filing review petition Supreme Court.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

Top 10 Legal Questions About Grounds for Review Petition in Supreme Court

Question Answer
1. What are the grounds for filing a review petition in the Supreme Court? The grounds filing review petition Supreme Court include discovery new important evidence presented original case, fundamental error judgment, Violation of Principles of Natural Justice. It`s like finding a hidden treasure chest full of evidence that could change the course of the case!
2. Can a review petition be filed on the basis of a mere disagreement with the judgment? No, review petition filed basis mere disagreement judgment. It`s not like going to a restaurant and sending back your order just because you don`t like it. There has to be a substantial and valid reason for filing a review petition.
3. What is the time limit for filing a review petition in the Supreme Court? The time limit for filing a review petition in the Supreme Court is 30 days from the date of the judgment or order. It`s like a race against time to gather all the necessary evidence and prepare a compelling petition within the deadline.
4. Can a review petition be filed against an order passed in a criminal case? Yes, a review petition can be filed against an order passed in a criminal case. The grounds for filing a review petition in a criminal case are the same as in a civil case, so don`t hesitate to seek review if justice demands it!
5. Is it necessary to obtain leave of the court before filing a review petition? Yes, it is necessary to obtain leave of the court before filing a review petition. The petitioner must satisfy the court that the case involves a substantial question of law or a question of general public importance. It`s like asking for permission to knock on the door of justice!
6. Can review petition filed third party party original case? No, review petition filed third party party original case. Only a party aggrieved by the judgment or order can file a review petition. It`s like being an exclusive member of the review petition club!
7. What is the procedure for filing a review petition in the Supreme Court? The procedure for filing a review petition in the Supreme Court is governed by Order XLVII of the Supreme Court Rules, 2013. The review petition must be accompanied by a detailed affidavit setting forth the grounds on which the review is sought. It`s like presenting a case within a case, with every detail meticulously laid out!
8. Can review petition withdrawn filed? Yes, review petition withdrawn filed. The petitioner must file an application for withdrawal along with the review petition. It`s like deciding to walk away from a battle before the war begins!
9. What is the scope of review in a review petition? The scope review review petition limited grounds review sought. The court may not re-appreciate the evidence or re-hear the arguments that were advanced in the original case. It`s like a focused lens zooming in on specific aspects of the case!
10. What are the consequences of filing a frivolous review petition? If a review petition is found to be frivolous, the court may impose costs on the petitioner and may even initiate contempt proceedings. So, it`s crucial to have a strong and valid basis for filing a review petition. It`s like treading carefully on the path of justice to avoid any missteps!
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