Constitution of India, 1949
Article 137 r/w
The Supreme Court Rules, 2013
Order XLVII Rule 1
Review– The petitioner was convicted and awarded death sentence by Additional Sessions Judge (Special Fast Track Court) Saket Court Complex New Delhi. Delhi High Court confirmed the death reference and dismissed the criminal appeal filed by the petitioner challenging his conviction and sentence. Judgment of the Delhi High Court dated 13.03.2014, Criminal Appeal No. 607 of 2017 was filed by the petitioner which appeal was dismissed by this Court on 05.05.2017. Now, this application is filed to review the judgment dated 05.05.2017 dismissing the Criminal Appeal of the petitioner. This court had cautiously gone into and revisited the entire evidences on record and after being fully satisfied had dismissed the appeal. By the review petition the petitioner cannot be allowed to re-argue the appeal on merits of the case by pointing out certain evidences and materials which were on the record and were already looked into by the trial court, High court and this Court as well. Review petition does not disclose any ground, on which review jurisdiction can be exercised by this Court under Article 137 read with Order XLVII Rule 1 of the Supreme court Rules, 2013. Consequently, the review petition is rejected. .....Mukesh =VS= State of NCT of Delhi, [4 LM (SC) 101] ....View Full Judgment

The Constitution of India, 1949
Article 137 r/w
The Supreme Court Rules, 2013
Order XLVII
When the review will be maintainable:–
(i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him;
(ii) Mistake or error apparent on the face of the record;
(iii) Any other sufficient reason. The words “any other sufficient reason” have been interpreted in Chhajju Ram v. Neki and approved by this Court in Moran Mar Basselios Catholicos v. Most Rev. Mar Poulose Athanasius to mean “a reason sufficient on grounds at least analogous to those specified in the rule”. The same principles have been reiterated in Union of India v. Sandur Manganese & Iron Ores Ltd. .....Mukesh =VS= State of NCT of Delhi, [4 LM (SC) 101] ....View Full Judgment

The Constitution of India, 1949
Article 137 r/w
The Supreme Court Rules, 2013
Order XLVII
When the review will not be maintainable:–
(i) A repetition of old and overruled argument is not enough to reopen concluded adjudications.
(ii) Minor mistakes of inconsequential import.
(iii) Review proceedings cannot be equated with the original hearing of the case.
(iv) Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice.
(v) A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error.
(vi) The mere possibility of two views on the subject cannot be a ground for review.
(vii) The error apparent on the face of the record should not be an error which has to be fished out and searched.
(viii) The appreciation of evidence on record is fully within the domain of the appellate court, it cannot be permitted to be advanced in the review petition.
(ix) Review is not maintainable when the same relief sought at the time of arguing the main matter had been negatived.” .....Mukesh =VS= State of NCT of Delhi, [4 LM (SC) 101] ....View Full Judgment