Review Power [CaseLaws]

If a court did not take note of a statutory provision while deciding an issue in a judgment, is it a ground for entertaining review of that judgment ? In Northern India Caterers (India) vs Lt. Governor Of Delhi 1980 SCR (2) 650, the Supreme Court has observed that If the attention of the Court is not drawn to a material statutory provision during the original hearing the Court will review its judgment. In Yashwant Sinha vs CBI [2019] 17 S.C.R. 917, the Supreme Court again observed thus: If the relevant law is ignored or an inapplicable law forms the foundation for the judgement, it would provide a ground for review. If a court is oblivious to the relevant statutory provisions, the judgment would, in fact, be per incuriam. No doubt, the concept of per incuriam is apposite in the context of its value as the precedent but as between the parties, certainly it would be open to urge that a judgment rendered, in ignorance of the applicable law, must be reviewed. The judgment, in such a case, becomes open to review as it would betray a clear error in the decision.