A.P.S.R.T.C. AND ORS. versus ABDUL KAREEM

A.P.S.R.T.C. AND ORS. versus ABDUL KAREEM

An application for clarification or modification which in substance seeks review of a judgment is not maintainable, as it seeks to bypass the established procedure for review under Article 137 of the Constitution and Order XL of Supreme Court Rules. Such applications constitute abuse of process, and mere change in nomenclature cannot alter the true nature of the application.

Parties
Appellant: A.P.S.R.T.C. AND ORS.; Respondent: Abdul Kareem
Jurisdiction
India
Judgment Date
12 January 2007
Procedural Posture
Civil Appeal I.a. 3 of 2006 in Civil Appeal No. 7797 of 2003 / Application for Clarification (treated as Review) Post Judgment
Outcome
Application rejected/dismissed
Legal Topics
Review of Judgment, Clarification Applications, Abuse of Process of Court
Practice and Procedure Constitutional Law Review of Judgment Clarification Applications Abuse of Process of Court

Case Brief

Summary, issues, holding and outcome

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Parties

A.P.S.R.T.C. AND ORS.

Appellant

Abdul Kareem

Respondent

Procedural Posture

Civil Appeal I.a. 3 of 2006 in Civil Appeal No. 7797 of 2003 / Application for Clarification (treated as Review) Post Judgment

Legal Issues

  1. 1 Whether an application labeled as 'clarification' can be entertained if it is in substance a review of the judgment
  2. 2 Maintainability of such applications under Supreme Court Rules and Article 137 of the Constitution

Ratio Decidendi

An application for clarification or modification which in substance seeks review of a judgment is not maintainable, as it seeks to bypass the established procedure for review under Article 137 of the Constitution and Order XL of Supreme Court Rules. Such applications constitute abuse of process, and mere change in nomenclature cannot alter the true nature of the application.

Court Disposition

Application rejected/dismissed

Orders

  • The application cannot be maintained and is rejected.
  • I.A. dismissed.