AIR 1980 SUPREME COURT 674 ::1980 TAX. L. R. 1657 ::1980 SCC (Tax) 222 ::1980 UJ (SC) 494 ::(1980) 17 DLT 191 ::1980 (2) SCC 167 ::1980 STI 50 ::1980 (13) STA 14 ::(1980) 45 STC 212 ::1980 45 STC 212 ::(1980) 2 SCJ 105 ::(1980) 2 S C R 650 ::1980 UPTC 326 ::(1980) ILR SC 41 ::ILR 1980 Him Pra 41 (SC)

Supreme Court Of India

Hon'ble Judge(s): V. R. Krishna Iyer, V. D. Tulzapurkar, R. S. Pathak , JJJ

Constitution of India , Art.137— Power of Supreme Court to review its judgment - Extent of - Error apparent on face of record - What constitutes - Decision based on undisputed facts - No review on ground that certain alternative situations were not placed before Court. Civil P.C. (5 of 1908) , O.47 R.1— Supreme Court Rules (1966) , O.40 R.1— A party is not entitled to seek a review of a judgment delivered by the Supreme Court merely for the purpose of a rehearing and a fresh decision of the case. The normal principle is that a judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so. Power to review its judgments has been conferred on the Supreme Court by Art. 137 of the Constitution, and that power is subject to the provisions of any law made by Parliament or the rules made under Art. 145. In a civil proceeding, an application for review is entertained only on a ground mentioned in O. XLVII, Rule 1 of the Court of Civil Procedure, and in a criminal proceeding on the ground of an error apparent on the face of the record. (Order Xl, R. 1 Supreme Court Rules, 1966). But whatever the nature of the proceeding, it is beyond dispute that a review proceeding cannot be equated with the original hearing of the cas....