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march 2011

Supreme Court of India · 2011-03-08

GANGADHARA PALO vs THE REVENUE DIVISIONAL OFFICER

Citation / case number
SC 2005/6946
Court
Supreme Court of India
Petitioner
GANGADHARA PALO
Respondent
THE REVENUE DIVISIONAL OFFICER
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court held that a delay of 71 days in filing a review petition should be condoned, emphasizing a liberal approach in such matters. The Court clarified that the maintainability of the review petition hinges on whether the judgment of the High Court has merged into the Supreme Court's order dismissing the special leave petition. It established that if the special leave petition is dismissed without reasons, the High Court's judgment remains reviewable, whereas dismissal with reasons results in merger, precluding review. The Court thus condoned the delay and allowed the review petition to be considered on merits.

GANGADHARA PALO vs THE REVENUE DIVISIONAL OFFICER · Niyam