Review petition
srinivasa guptha
(Querist) 01 November 2013
This query is : Resolved
Respected Sir,
my special leave Petition got dismissed on 30/09/13(with words-Heard learned counsel for the parties.The special leave petitions are dismissed.)for an high court judgement dated 8/02/12.
My lawyer says as the case has not been dealt properly in lower courts,the success of Review of slp is very remote,so apply for review of slp order and withdraw the same on day of hearing and ask for supreme court to give directions for review the case at high court.
Will supreme court entertain such request.
I request law forum to give me guidance I am deep trouble.
Devajyoti Barman
(Expert) 01 November 2013
When SLP itself is dismissed, you can not go for Review of HC decision anymore.
Either of the two options was available to you out of which you have already opted for one. Now second option is closed to you.
Rajendra K Goyal
(Expert) 01 November 2013
Agree with the expert, nothing more to add.
P. Venu
(Expert) 01 November 2013
There is no bar on filing review in HC, if the decision of the Apex Court is not on merits, but just that Leave is refused.
srinivasa guptha
(Querist) 01 November 2013
Respected Devajyoti Barman,It is being said if slp is dismissed without mentioning any reasons(non speaking order) you can apply for the review petition in high court-your views about it.
http://www.indianexpress.com/news/-no-affront-to-sc-if-hc-reviews-dismissed-petition-/760117/
http://www.thehindu.com/news/national/can-high-courts-entertain-review-plea-after-supreme-court-verdicts/article4027784.ece
srinivasa guptha
(Querist) 01 November 2013
Respected P.Venu,My lawyer says as the case has not been dealt properly in lower courts,the success of Review of slp is very remote,so apply for review of slp order and withdraw the same on day of hearing and ask for supreme court to give directions for review the case at high court.
Will supreme court entertain such request-your views please
Devajyoti Barman
(Expert) 01 November 2013
Supreme court can not direct the HC to entertain Review . That would be amounting to allowing Review of its own order.
Till now the situation is as I stated earlier and hence the matter is referred to larger bench.
Anirudh
(Expert) 01 November 2013
Please indicate the complete title of your case in the High Court and also the Case No. so that I can see the decision from the net and then give an answer to your query.
srinivasa guptha
(Querist) 01 November 2013
Respected Devajyoti Barman,thanks for your reply, I am a layman not able to understand your views, if possible you can explain me.
what are the 2 option if i am right
1.Review petition for dismissed slp
2.Review in high court
you say supreme court will not direct HC for review I am clear to that extent.
my question is it possible for to directly approach high court to review it judgement as slp is dismissed with a non speaking judgement.
