Constitution of India, 1950:
Articles 12 and 32 - Writ Petition-Writ of certiorari-Challenging
validity of judgment of Supreme Court after dismissal of Review Petition
therein - Maintainability of - Held, not maintainable - Superior Courts of
Justice do not fall under the ambit of State or other authorities under Article
12.
Article 142 - Reconsideration of Judgment of Supreme Court after
dismissal of Review Petition-Permissibility under inherent powers - Held,
Court may reconsider its judgments in exercise of its inherent powers in rarest of rare cases to prevent abuse of its process and to cure gross miscarriage of
justice - Grounds and procedure for such re-consideration laid down - Supreme Court Rules, 1966 - Order XLVII Rule 6.
Doctrines:
Doctrine of Ex debito Justitiae - Applicability of.
Doctrine of stare decisis - discussed.
The common questions for consideration in the instant writ petitions
were whether writ petition under Article 32 of the Constitution of India could
be maintained to question the validity of a Judgment of Supreme Court after
the petition for review of the said judgment was dismissed; and whether the order passed by this Court could be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without
jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the Court or miscarriage of justice to an aggrieved person.