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What happens when a court review a case?
When a review takes place, the law is that it is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice. The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”.
How is a review petition heard in the Supreme Court?
In certain circumstances, the court can condone a delay in filing the review petition if the petitioner can establish strong reasons that justify the delay. The rules state that review petitions would ordinarily be entertained without oral arguments by lawyers. It is heard “through circulation” by the judges in their chambers.
What are the grounds for a Supreme Court review?
In a 2013 ruling, the Supreme Court has laid down three grounds for seeking a review of a verdict it has delivered: The discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him. Mistake or error apparent on the face of the record.
Is there a delay in filing a review petition?
While a judgment is the final decision in a case, an order is an interim ruling that is subject to its final verdict. In certain circumstances, the court can condone a delay in filing the review petition if the petitioner can establish strong reasons that justify the delay.
Last Update: Oct 2021
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Chasitiy
24.10.2021 00:03
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19.10.2021 12:22
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