Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (1) TMI HC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2017 (1) TMI 1777 - HC - Indian Laws


Issues:
1. Application seeking to recall an order passed by the High Court.
2. Grounds for recalling the order based on legal principles and case laws.
3. Consideration of the application for recalling the order by the High Court.

Analysis:
1. The applicants sought to recall an order passed by the High Court in a criminal application. The applicants had initially filed a petition seeking various reliefs related to quashing an FIR under the Child Marriage Restrain Act. The matter was scheduled for admission on a specific date, but the counsel representing the applicants was not present during the hearing. Instead of dismissing the matter, the Court examined the papers and decided that the application could not be entertained at that stage due to the ongoing investigation. The Court allowed the applicants to return if the chargesheet was filed without sufficient legal evidence for framing charges. The applicants then sought to recall the order based on the absence of their counsel during the initial hearing.

2. The legal principles governing the recall of orders were extensively discussed during the proceedings. The Court considered the grounds on which an order can be recalled, such as errors on the face of the record, perversity in the order, breach of natural justice, or obtaining the order by fraud. Reference was made to various judgments, including the distinction between review and recall jurisdiction as highlighted in the case of Vishnu Agarwal vs. State of U.P. The Court also cited the case of State of Punjab vs. Davinder Pal Singh Bhullar, emphasizing that orders passed without jurisdiction or in violation of natural justice can be recalled. The judgment in Kushalbhai Ratanbhai Rohit and Ors vs. The State of Gujarat was cited to support the notion that judges can recall orders before they are formally delivered.

3. After considering the arguments presented by the counsels and the legal precedents, the High Court decided to recall the order passed on the application. The Court acknowledged that the counsel had not been given an opportunity to make submissions during the initial hearing, leading to the decision to recall the order and rehear the matter on its merits. The application seeking to recall the order was thus disposed of, allowing for a fresh consideration of the case based on the legal principles discussed during the proceedings.

 

 

 

 

Quick Updates:Latest Updates