STATE OF ASSAM Vs. MONSOON BARKAKOTI

JUDGEMENT

(1.) The instant review application has been filed by the review petitioners seeking review of the judgment and order dtd. 17/2/2023 passed by this Court in WP(C) No.682/2023.

(2.) It is well settled that for the purpose of reviewing a judgment and order, the principles laid down in Sec. 114 of the Code of Civil Procedure, 1908 read with Order XLVII has to be applied into. The principles on which a review can be entertained are :-

(3.) As regards the condition Nos. (i) and (ii), the law is well settled and would require no deliberation but as regards the condition No.(iii), it is also well settled that the said conditions for other sufficient causes have to be read in conjunction with the condition Nos.(i) and (ii). This Court further finds it relevant to take note of that the Supreme Court had in its judgment rendered in the case of Beghar Foundation Vs. Justice K. S. Puttaswamy reported in (2021) 3 SCC 1 observed that change in the law or subsequent decision/judgment of a Coordinate or larger Bench by itself cannot be regarded as a ground of review. It is pertinent to note that this observation was rendered by the Constitution Bench in the said case. Another important decision to be taken into consideration is that the judgment rendered by the Supreme Court in the case of Rajesh D. Darbar Vs. Narasingrao Krishnaji Kulkarni reported in (2003) 7 SCC 219. Paragraph 4 of the said judgment is reproduced herein under: