transfer petition

Guest (Querist) 23 December 2010 This query is : Resolved
How to place a review petition before some other bench than the earlier one who decided the matter ?
Can a transfer petition/application before chief justice of high court be filed on the ground of earlier biased proceedings, before or alongwith the review petition?

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G. ARAVINTHAN (Expert) 23 December 2010
generally review petition is placed before the same bench which decided the matter.
since review is not an appeal or revision and only with regard to some portion of the order already passed, it cannot be placed before other bench if the same is available.

Kirti Kar Tripathi (Expert) 23 December 2010
Agree with Mr. Aravinthan, in case, any of the member of the Bench, which passed the order/judgment,is available, the review petition will lie before him only. In the absence of that particular bench/member, the Chief Justice may order for reconstitution of the Bench.

Devajyoti Barman (Expert) 23 December 2010
Such petition could be filed before the chief justice only if it passed the earlier order. For Revview only the mistake apparent on the face of the order is taken into account and not any alleged bias.