Review petition would be heard by same judge that passed earlier order
In HC, who hears the pre-admission stage in review/recall petition
In Mumbai HC, whether the review/recall petition (filed to set aside order passed erroneously), will be heard by same judge (on pre-admission stage), who has passed earlier said erroneously order or any judge including same judge. OR both proceeding viz. pre-admission proceeding and proceeding to set aside the erroneously order will be heard same time?.
Asked 5 years ago in Civil Law
14 Answers
Review petition is heard by the same bench which passed earlier order if the said bench is not present then in that case equivalent other bench shall hear it,
Adv Ajay, i understand that review petition will be heard by same judge but what anout pre-admission stage, who will hear this stage
Asked 5 years ago
Application for ad interim reliefs would be assigned to judge hearing writ petitions for admission
There are two stages 1) pre-admission stage 2) once the matter is admitted then hearing of main petition. I understand second stage that the hearing of main petition will be heard by same judge who passed earlier stage but i wish to know about 1st stage that is Pre-Admission stage, who hears this stage ?
Asked 5 years ago
Pre admission means application for ad interim reliefs
it is heard by judge who has been assigned by Chief Justice to hear applications for as interim reliefs in writ petition/ suits
Do you mean the judge who assigned, he will grant interim reliefs and set aside the earlier order on same day, if thinks that there is an error while passing earlier order ?
Asked 5 years ago
Both stages that is before admiring and for final hearing both stages will be heard by same bench.
Yes in pre admission also the same bench hears the matter.
Sir for interim relief a CA need to file along the main petition and CA can be assigned to bench according to.roster.
1) when you are making application for review it would be heard by judge who passed said order
2) application for ad interim reliefs or interim reliefs would be heard by judge assigned said matters
3) earlier ad interim reliefs need not be confirmed by judge when petition is heard
Same Judge. Stamp needs to be paid
Pre admission and admission stage both will be heard by same judge who passed the order whose order is required to be recalled
A review petition can be filed in the hc against the order/judgment of a judge/judges on very limited grounds. It is heard by the same judge and the scope of the review is limited. There is no pre and post admission stage as such although you may call it so. The same judge or judges hear the case who have passed the order in the original judgment against which you have filed the review.
Regards
Ordinarily, Review Petition are tied up to the Bench who had decided the main case. But
due to incorrect updation or human error the Review may get listed before another Bench. In such a case the parties may immediately invite attention of the Registrar(J-I) for taking corrective steps before the date of hearing.
In the absence of any special instructions of the Chief Justice, a petition after
admission shall be heard by a Single Bench, unless the Motion Bench admits it to a larger
Bench, in which case it shall be heard by such larger Bench.
Provided that Motion Bench may, at the motion hearing itself, dispose of the
petition finally ifthe circumstances of the case so require:
The court may either summarily dismiss the petition or order a rule nisi to be issued against the respondent, as it thinks fit. Any rule so granted shall be ■made returnable on such day as the court may direct, but ordinarily it shall not be made returnable within less than fourteen days after service thereof on the respondent.”