Two judges dismissed a review application filed by Binoy Kumar Mondal against a judgment dated 07.03.2019, finding no legal grounds to revisit the matter. The court held that all facts, including allegedly new documents, were already considered by the earlier Bench.
Review application dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
06.05.2022 Item No.1 Crt. No.11. RVW 188 of 2019 KB with IA No. CAN 1 of 2019 (Old No.CAN 12031 of 2019) Binoy Kumar Mondal -VsState of West Bengal & Ors. in FMA 2047 of 2018 Binoy Kumar Mondal -VsState of West Bengal & Ors.
Mr. Shamim Ul Bari
… For the Review applicant.
Mr. Anirban Roy, Ld. G. P. Mr Pinaki Dhole Ms. Kakali Samajpati …For the State.
This is a review application in respect of a judgement and order delivered by one Division Bench of this Court on 7th March, 2019.
The petitioner in his Memorandum of Review has not been able to make out any case or in other words there is no legal ground at all in the Memorandum of Review for re-visiting the matter by this Division Bench.
Each and every fact was taken note of including the letter at page 73 of the petition by the earlier Bench which has been placed before us today and the same is not at all a new document not within the possession or power of the applicant. It was placed before earlier Division Bench. The petitioner knows that it was
2
considered and after considering all facts the judgement and order in the said appeal was passed.
We find that there is no ground and there is no reason for reviewing the said judgement and order passed by the Division Bench in F.M.A. 2047 of 2018 on 07.03.2019.
Hence the review application is dismissed.
No costs.
All parties to act in terms of a copy of the order downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.
(Abhijit Gangopadhyay, J.) (Subrata Talukdar, J.)
2 issues framed by the court
Whether the review application presents any legal ground for re-visiting the impugned judgment.
Whether the documents asserted by the applicant constitute new grounds for review.
Binoy Kumar Mondal
State of West Bengal
Abhijit Gangopadhyay
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
