Please suggest
srinivasa guptha
(Querist) 28 June 2012
This query is : Resolved
To
Respected panel of Lawyers,
I would like to know whether it is possible to apply for review petition in High Court against the judgment of High Court (2bench judge) with in 30 days from receipt of copy of judgment and as well as applying for special leave petition in Supreme Court.
Is it legally possible? Is it smart way to argue a case?
What will be my position of special leave petition in Supreme Court if my review petition In High Court gets dismissed?
What will be position of my review petition in the High Court if my special leave petition in Supreme Court gets dismissed?
Please suggest.
Devajyoti Barman
(Expert) 28 June 2012
Before the disposal of review petition it is unwise to go for SLP.
Adv.R.P.Chugh
(Expert) 28 June 2012
If SLP gets dismissed then Review won't be entertained, because that it would be in violation of propriety of hierarchy of courts.
Kiran Kumar
(Expert) 28 June 2012
I disagree here a bit....if the SLP is dimissed in liminie then the Review application can still be filed before the Hon'ble High Court.
However the review application wont give any relief to the litigant...so far I have not seen any order being reviewed.
adv. rajeev ( rajoo )
(Expert) 28 June 2012
If you filed review petition, question of limitation arises. So better leave the review petition.
M/s. Y-not legal services
(Expert) 28 June 2012
yes review pwtition can be filed before your hon'ble high court. if there also no fruit full result mean then prefer to go slp.
and whats your case before high court. cos on writ petition you cant go before s.c
-y.not legal services-
N.K.Assumi
(Expert) 29 June 2012
And what do you mean by: Is it legally possible? Is it smart way to argue a case?
c.p.s. ramachary
(Expert) 29 June 2012
You query is little bit confusing. Have you filed SLP ? If not why do you think about fate of SLP now. If you have not filed SLP then you may file review petition in h/c if you have tenable contest. For review you must be in a position to point out an error apparent on face of the record. Error includes failure to consider the facts pleaded or failure to consider the case law or failure to follow the law laid down by apex court relating to particular issue for which you are contesting. If review is dismissed in High Court it will not operate as restriction to move SLP in Apex Court
