Table of Contents
What is the limitation period for filing the petition?
“There is no period of limitation prescribed by any law for filing the writ petition under Article 226 of the Constitution. It is, in fact, doubtful whether any such period of limitation can be prescribed by law.
When a person can apply for review of Judgement?
As per the Supreme Court Rules, 1966, the Review application shall be filed within the 30 days from the day the judgment or order passed. And for appeal against any sentence or judgment in High court, shall be filed within 60 days from the day of judgment.
Is review petition heard by same judge?
Review petitions are also heard, as far as practicable, by the same combination of judges who delivered the order or judgment that is sought to be reviewed.
Can you file a case after the limitation period?
IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens. A misjoinder of parties or of cause of action shall be deemed to be a cause of a like nature mentioned above.
What is period of limitation?
A maximum period set by statute within which a legal action can be brought or a right enforced. A statute may prohibit, for example, any individual or legal entity from bringing an action for breach of contract more than one year after the breach occurred.
What are the rules for filing review petition?
Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.
What grounds a review is allowed?
The grounds of review may be the discovery of new and important matter or evidence, some apparent mistake or error on the face of the record or any other sufficient reason.
What happens when a judge reserves Judgement?
What is a reserved judgment? At the end of the hearing the judge will usually state that judgment is being reserved and will then later circulate a draft written judgment to the parties. This is common practice in the High Court.