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Issues Involved:
The issues in this case involve the power to review a decision u/s Kerala Private Forests (Vesting and Assignment) Act, 1971 and the High Court's authority to review its own decision rendered by appeal filed under the Act. Review of Decision u/s Kerala Private Forests (Vesting and Assignment) Act, 1971: The appellant raised a claim regarding land not vested in the Government under Section 3 of the Act. The Forest Tribunal initially dismissed the claim, leading to an appeal before the High Court. The Division Bench of the High Court upheld the Forest Tribunal's decision regarding exemption under sub-section (3) of Section 3 but found in favor of the appellant for exemption under sub-section (2). However, the High Court's judgment was reviewed and the appeal was dismissed based on errors apparent on the face of the record, including failure to produce relevant data and concessions made without proper authority. High Court's Power to Review its Own Decision: The Act was later amended to include Section 8C, granting powers for review under certain conditions. The High Court, in a subsequent case, reviewed its own judgment based on concessions made without proper authority and failure to produce relevant data. The question arose whether the High Court has inherent power to review its own orders, even without specific provisions like Section 8C(2) of the Act. The High Court, being a Court of Record, was argued to have plenary powers to correct its records, especially in cases of errors apparent on the face of the record. The High Court's superior status and jurisdiction as a Court of Record were emphasized, indicating that it has inherent and plenary powers, including the power of review for correcting errors. In conclusion, the Supreme Court dismissed the appeal, emphasizing the High Court's plenary powers to correct errors on its records, even without specific provisions like Section 8C(2) of the Act. The judgment highlighted the High Court's duty to maintain correct records and the inherent authority to correct errors apparent on the face of the record, preserving the superior status and jurisdiction of the High Court as a Court of Record.
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