J.Somasekara (MANAGER) 25 May 2018

Review petition after retirement of judge who passed verdict

A commercial Bank filed SLP in SC against verdict of Kolkatta HC awarding enhanced DA benefit to pensioners of Bank. A two judge bench heard case and allowed appeal of Bank and set aside Kokatta HC verdict. Bur before filing review petition one of the judges who heard case earlier has retired. If review petition is filed whether new bench has to be constituted to hear case since one of judges has retired. Can the litigants request for case to be heard again fresh?

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4 Replies

Siddharth Srivastava (Advocate) 25 May 2018

Yes, new branch will be constituted if review us filed. Once a matter is decided then principle of resjudicata applies so you can't request fresh hearing of the case.

Siddharth Srivastava (Advocate) 25 May 2018

Yes, new branch will be constituted if review us filed. Once a matter is decided then principle of resjudicata applies so you can't request fresh hearing of the case.

Siddharth Srivastava (Advocate) 25 May 2018

Yes, new branch will be constituted if review us filed. Once a matter is decided then principle of resjudicata applies so you can't request fresh hearing of the case.

Siddharth Srivastava (Advocate) 25 May 2018

Yes, new branch will be constituted if review us filed. Once a matter is decided then principle of resjudicata applies so you can't request fresh hearing of the case.