Topic

Error Apparent on Record

4 articlesLatest July 2026
Section 114 CPC & Order XLVII Rule 1 | Review Petition Requires 'Error Apparent on Record', Not Mere Legal Reassessment: Kerala HC
Case Law Analysis
|Kerala High Court

Section 114 CPC & Order XLVII Rule 1 | Review Petition Requires 'Error Apparent on Record', Not Mere Legal Reassessment: Kerala HC

Kerala High Court clarifies that review petitions under the Civil Procedure Code must demonstrate an 'error apparent on the face of the record', not just a change in legal interpretation or subsequent judgments. The ruling reinforces that review jurisdiction is limited to correcting manifest errors, not re-litigating settled issues, impacting service law disputes involving retirement benefits and administrative orders.

Review Jurisdiction | Equity Permits Interest Rate Reduction on Pension Arrears When Delay Caused by Third-Party Criminal Proceedings : MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

Review Jurisdiction | Equity Permits Interest Rate Reduction on Pension Arrears When Delay Caused by Third-Party Criminal Proceedings : MP HC Gwalior

The Madhya Pradesh High Court held that while review petitions cannot substitute appeals, they may adjust interest rates on pension arrears under equitable principles when the delay in payment arises from circumstances beyond the government body's control, such as pending criminal investigations. This sets a precedent for balancing fiscal responsibility with fair compensation to retirees facing unjustified delays due to external legal processes.

Article 226 Review Petition | Error Apparent on Record Must Be Demonstrated; Writ Jurisdiction Cannot Bypass Statutory Appeals Under Section 100 CPC: AP HC
Case Law Analysis
|Andhra Pradesh High Court

Article 226 Review Petition | Error Apparent on Record Must Be Demonstrated; Writ Jurisdiction Cannot Bypass Statutory Appeals Under Section 100 CPC: AP HC

Andhra Pradesh High Court reaffirms that review petitions under Article 226 require a clear error apparent on the record, and writ jurisdiction cannot be used to circumvent statutory remedies like appeals under Section 100 CPC. The ruling underscores the limited scope of review petitions and the necessity of exhausting alternative remedies before invoking constitutional jurisdiction.