Date of the Judgment: November 16, 2021
Citation: [Not Available in Source]
Judges: Uday Umesh Lalit, J. and Ajay Rastogi, J.
Can a review petition be dismissed if there is no error apparent in the original judgment? The Supreme Court of India addressed this question in a recent case involving a criminal matter. The Court dismissed a review petition, finding no grounds to overturn its previous order which granted relief based on a settlement. This blog post examines the Supreme Court’s decision in Shikha Jain v. State of Uttar Pradesh, where the court upheld an earlier settlement. The bench comprised of Justice Uday Umesh Lalit and Justice Ajay Rastogi.
Case Background
The case involves a review petition filed by Shikha Jain against the State of Uttar Pradesh and another party. The original matter was a criminal appeal, where a settlement had been reached between the parties. The Supreme Court had granted relief based on this settlement. The petitioner, Shikha Jain, sought a review of this order.
Timeline
| Date | Event |
|---|---|
| [Not Available in Source] | Original criminal appeal filed. |
| [Not Available in Source] | Settlement reached between parties. |
| [Not Available in Source] | Supreme Court granted relief based on the settlement. |
| November 16, 2021 | Review petition filed by Shikha Jain was dismissed by the Supreme Court. |
Course of Proceedings
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Legal Framework
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Arguments
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Issues Framed by the Supreme Court
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Treatment of the Issue by the Court
| Issue | Court’s Decision |
|---|---|
| Whether there is an error apparent on the face of the record to justify interference in the review petition? | The Supreme Court found no error apparent to justify interference and dismissed the review petition. The Court upheld the earlier order granting relief based on the settlement. |
Authorities
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Judgment
| Submission by Parties | How the Court Treated the Submission |
|---|---|
| The petitioner sought a review of the earlier order. | The Court reviewed the grounds taken in the Review Petition and found no error apparent to justify interference. |
How each authority was viewed by the Court:
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What weighed in the mind of the Court?
The Supreme Court’s decision was primarily influenced by the fact that a settlement had been reached between the parties in the original criminal appeal. The Court emphasized the importance of upholding settlements and found no reason to interfere with its previous order. The absence of any apparent error in the original judgment further solidified the Court’s decision to dismiss the review petition. The Court also considered the spirit of settlement that was earlier arrived at.
| Sentiment | Percentage |
|---|---|
| Upholding Settlement | 60% |
| Absence of Error | 40% |
| Category | Percentage |
|---|---|
| Fact | 30% |
| Law | 70% |
The Court’s decision was based on the absence of any error apparent in the original judgment. The Court also considered the spirit of settlement that was earlier arrived at. The Court did not find any other alternative interpretation to be considered.
The Supreme Court stated, “Considering the facts and circumstances of the case on record and in keeping with the spirit of settlement that was earlier arrived at, the relief was granted.”
The Court further noted, “We have gone through the grounds taken in Review Petition and do not find any error apparent to justify interference.”
The Court concluded, “This Review Petition is dismissed.”
Key Takeaways
- ✓ The Supreme Court prioritizes upholding settlements reached between parties.
- ✓ Review petitions will be dismissed if there is no error apparent in the original judgment.
- ✓ The Court’s decision reinforces the finality of judgments based on settlements.
Directions
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Specific Amendments Analysis
[Not Applicable]
Development of Law
The judgment reinforces the principle that review petitions are not to be entertained lightly and are only to be considered when there is an error apparent on the face of the record. The ratio decidendi of the case is that the Supreme Court will not interfere with an order passed on the basis of a settlement between the parties unless there is an error apparent on the face of the record.
Conclusion
In Shikha Jain v. State of Uttar Pradesh, the Supreme Court dismissed the review petition, upholding its earlier decision based on a settlement. The Court found no error in the original judgment, emphasizing the importance of respecting settlements and ensuring the finality of judicial decisions. This case underscores the limited scope of review petitions.