Sow Chandra Kante and Another v. Sheikh Habib
"Review of a Supreme Court judgment is a serious step, proper only where a glaring omission, patent mistake or like grave error has crept in through judicial fallibility; a repetition of old arguments through different counsel, or a minor mistake of no consequence, is not a ground for review."
Issues Before the Court
- (i)
Whether the Supreme Court should review its order refusing special leave to appeal, where the review petition merely reargued the points urged at the leave stage?
- (ii)
In what circumstances will the Supreme Court review its own judgment or order?
Law & Rules Applicable
- (i)
Constitution of India, Article 137 (review of judgments and orders by the Supreme Court).
- (ii)
Supreme Court Rules, 1966, Order XL (review), including the certificate by counsel that accompanied a review petition.
Application to Facts & Circumstances
The petitioners' special leave petition had been dismissed by an order of January 1974. They sought review of that order, and their counsel reargued the points raised at the leave stage, contending that a review amounted to a rehearing.
Writing for the Court, Krishna Iyer J. held that a review of a judgment is a serious step. Reluctant resort to it is proper only where a glaring omission, a patent mistake or a like grave error has crept in earlier through judicial fallibility. A repetition, through different counsel, of old arguments that have already been rejected, or minor mistakes of no consequence, are not enough.
The Court also cautioned counsel against giving routine certificates to support review petitions whose real purpose is to refight a lost battle, and stressed that the Bench and the Bar share responsibility for saving the Court's time in the face of mounting arrears.
That the earlier order refusing leave might have been open to another view did not justify review; the order carried the finality normal to such orders.
Conclusion & Ruling
- (i)
The review petition was dismissed.
- (ii)
Review lies only for a glaring omission, a patent mistake or a like grave error; it is not a rehearing, and rearguing the same points through different counsel is not a ground.
- (iii)
The statement of the limits of review is frequently relied on in later decisions, including Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi.
Authorities Cited
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- Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, [1980] 2 SCR 650 : (1980) 2 SCC 167Case brief →Full text of Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi on Indian Kanoon