Review petition in High Court after rejection of SLP by Supreme Court

[harsh singh]

Hello sir .
We won the case in case High court in divisional bench. The department then moved to SC who’s SLP got rejected. Now they are going again to high court for Review Petition. What are the chances of there Petition getting accepted and also how long can it take for the first hearing .

[Dr. Ashok Dhamija]

I have discussed this question in my article: Review petition in High Court after dismissal of SLP by Supreme Court by non-speaking order.

As I have mentioned in the above article, if the Supreme Court has dismissed SLP, in limine, at the initial stage itself, i.e., without granting the leave to appeal, by a non-speaking order, against an order of the High Court, then it does not preclude filing of a review petition before the High Court against its earlier order, if such review petition is otherwise admissible.

But, if the SLP was rejected by a speaking order after hearing the petition in detail or after granting leave (which converts it into a regular Appeal), then a review petition would not be admissible in the High Court against its earlier order.

So, you have to check the factual position in your case.

I cannot make a comment as to whether or not such review petition would be accepted by the high court and as to how time would be taken for the first hearing. This would depend on the detailed facts of the case, which I am not aware of, and on this Forum, we do not go into detailed facts of a case. Please consult a local lawyer for guidance on facts of your case.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[harsh singh]

Thank you fro your response sir.
Since the department has already moved the review petition in high court but as per latest roaster one of the judge sits at Lucknow bench and other at Allahabad bench. Can you tell how the proceedings will take place now ?

[Dr. Ashok Dhamija]

Usually the review petition goes before the same bench. If the judges are now sitting at different places, the Chief Justice may allot the case to the bench headed by the senior judge who heard the matter earlier. However, please check the relevant rules of your High Court, since different high courts may have different rules in this regard. Consult some local lawyer.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts