Sir, can we file review petition in high court after judgment of double bench?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Sir, can we file review petition in high court after judgment of double bench?

Viewing 3 reply threads
  • Author
    Posts
    • #1053

      Sir, can we file review petition in high court after judgment of double bench?
      If yes then what is the time limit to file review petition? If time starts from the date of judgment or from the date of receiving? If filing review petition is practically good or we should go directly to Supreme court? As we are not rich enough to bear huge expenses can we afford Supreme court lawyer and expenses?

    • #1054

      Yes, a review petition can be filed in the high court itself against the decision of a division bench of 2 judges.

      Generally, a review petition is available only on limited grounds, such as, an error apparent on the face of the record.

      Chances of success in a review petition are generally very limited because the same judges would generally hear the review petition who had earlier decided the matter, and also because, a review petition is permissible only on limited grounds.

      Whether you should directly go to Supreme Court or first file a review petition, would depend on the facts of a case. Generally, it is advisable to directly go the SC, unless there is an error apparent on the face of the record in which case even a review petition before the high court may sometimes be useful.

      You can file a case in SC even in person also. If you want to engage an advocate, you may get advocates with wide range of fee, less as well more. No hard and fast rule can be said about the fee. You’ll have to approach the individual advocate concerned to find out what his fee is. There is no standard fee.     


      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.

    • #1055

      Sir very very thanks to you for such guidelines.
      In Rafiq Masih vs State of Punjab SC judgment is as below.
      (i) Recovery from employees belonging to Class-III and Class-IV service
      (or Group ‘C’ and Group ‘D’ service).
      (ii) Recovery from retired employees, or employees who are due to retire
      within one year, of the order of recovery.
      (iii) Recovery from employees, when the excess payment has been
      made for a period in excess of five years, before the order of recovery
      is issued.
      My father, a group C employee was permitted to take VRS due to Lyrings Cancer and Radiotherapy in 2005. Up to 2014 there was some excess payment so recovery was made.Patna high court stayed over recovery by citing SC judgment in Rafiq Masih. But in final judgment despite mentioning Cancer, 8.5 year excess payment, group C employee and mistake by Bank, recovery has been allowed in the name that petitioner might be knowing that he is getting excess payment.
      Whereas after Radiotherapy to both sides of his face he is leading his life any how.
      Sir, Now please guide me whether I should file review or should I go to SC? Moreover it will be too tough for my father to come to Delhi.

    • #1065

      sir,
      can I file review petition not admitted in SLP by supreme court….?
      after rejection of SLP , is there any limitation to file Review Petition…..?

Viewing 3 reply threads
  • The forum ‘Constitutional Law’ is closed to new Questions and replies.