Dismissed

Surendra Balashankar Dubey v. Chairman/ Secretary - Rashtriya Hindi Prachar Mandal and Ors.

Bombay HC17 Jul 2013RPL/5/2013

Case brief

AI extract

What is this about?

Petitioner filed a review petition alleging forgery of school muster roll documents, seeking reconsideration of findings recorded by the Tribunal and Single Judge that were earlier settled in an LPA. The Court, holding power of review is limited, denied re-appreciation of evidence and dismissed the petition finding no infirmity in the impugned order.

What did the court decide?

Review petition dismissed as no infirmity was found in the impugned order and no re-appreciation of evidence was permitted under review.

Surendra Balashankar Dubey Vs Chairman/… — Civil Procedure and Limitation | Bombay HC (2013)

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RPLST. 15898-11

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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REVIEW PETITION (St.) No. 15898 OF 2011 IN

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LETTERS PATENT APPEAL No. 198 OF 2010

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Surendra Balashankar Dubey ... Petitioner Vs. Chairman / Secretary, Rashtriya Hindi Prachar Mandal & Ors. ... Respondents

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Mr. Jaydev Trivedi, for the Petitioner.

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Mrs. Gauri Godse, for Respondent Nos. 1 & 2.

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CORAM : V. M. KANADE & K. R. SHRIRAM, JJ.

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DATE : JULY 17, 2013.

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P.C.

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Heard the learned counsel appearing for the Petitioner and the counsel appearing for Respondent Nos. 1 and 2. By this petition, Petitioner is challenging the impugned order dated 30^th August, 2010, passed by the Division Bench of this Court. It is submitted that certain documents that have now come in possession of the Petitioner clearly indicates that muster roll of the Respondent School was forged and fabricated. It is submitted that, therefore, the finding recorded by the School Tribunal and the learned Single Judge,

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1 / 2

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RPLST. 15898-11

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will have to be reconsidered, in view of those documents. It is submitted that the impugned order passed in LPA needs to be set aside.

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In our view, it is not possible to accept the said submission since it is settled position in law that power of review, which can be exercised by this Court is very limited and under the guise of review, there cannot be any re-appreciation or re-argument on issues which were either canvassed or not canvassed before the Division Bench / LPA Court. Perusal of the impugned order indicates that Division Bench has taken into consideration the concurrent finding of fact recorded by the School Tribunal and the learned Single Judge and has observed that no case is made out to disturb said finding of the Tribunal. We, therefore, do not find infirmity, illegality in the impugned order; no case is made out for reviewing the said order. Review petition is, therefore, dismissed.

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Vinayak Halemath

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Surendra Balashankar Dubey v. Chairman/ Secretary - Rashtriya Hindi Prachar Mandal and Ors.

Case brief

What is this about?

What did the court decide?

Surendra Balashankar Dubey v. Chairman/ Secretary - Rashtriya Hindi Prachar Mandal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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