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Showing posts with label recall of order. Show all posts
Showing posts with label recall of order. Show all posts
Sunday, 18 May 2025

Karnataka HC: Under which circumstances the motor accident claim tribunal should recall the order of grant of compensation?

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 It is significant to note that the complaint was lodged by the father of the claimant on 19.1.2007 whereas the claim petition was filed by ...

Karnataka HC: Under which circumstances non examination of material witness is fatal to motor accident claim petition?

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 In order to answer this point, it is axiomatic to refer to the factual matrix of the case as available on record. In this context, Ex. R1 p...
Saturday, 7 September 2024

Whether the court can recall or review its own order if latest amendment in statute is not brought to its notice at the time of passing of previous order?

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Having heard the learned Counsel for the parties and on perusal of the record of the case including the written submissions, we are inclined...
Sunday, 29 January 2023

Whether Bail Order Passed in an offence under SC & ST Atrocities Act Without Notice To Victim A Nullity, Liable To Be Recalled?

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 It is to be noted that in this regard that, as per Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) A...
Wednesday, 16 March 2022

What is distinction between Procedural review and substantive review?

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We are unable to appreciate the contention that merely because the ex parte award was based on the statement of the manager of the appellant...

Whether application for recall of order for procedural review is maintainable U/S 362 of CRPC?

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This application for recall of the order was maintainable as it was an application seeking a procedural review, and not a substantive review...
Thursday, 3 February 2022

Whether a court can recall an order passed by it by mistake?

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   It can thus be seen that three Supreme Court cases cited, negative inherent powers under Section 151 of the Civil P. C. in the face of sp...
Sunday, 28 November 2021

Whether Criminal court can recall order passed by it under S 362 Cr.P.C?

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 Learned counsel for the parties do not dispute the fact that in view of Section 362 Cr.P.C. the Court does not have the power to alter the ...
Wednesday, 22 May 2019

Whether Sole Arbitrator after termination of proceedings U/S 32 (2) (c) of Arbitration Act can recall said order?

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The sole arbitrator who was appointed in this case terminated proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act,...
Thursday, 13 September 2018

Whether magistrate can recall his own order U/S 156 of CRPC if it was obtained by fraud?

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I have carefully gone through the papers with able assistance of the learned advocates of both the sides. Though it sounds pessimistic, in...
Saturday, 10 June 2017

What is difference between recall of order and review of order?

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 If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has been prono...
Sunday, 28 May 2017

Factors to be considered by court while considering application of recalling of order of closing evidence

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 On perusal of the findings in the impugned order, I find that the learned Judge failed to note that on two occasions the matter was adjo...
Tuesday, 14 March 2017

Whether trial court can recall order of acquittal if it is obtained by impersonating witnesses?

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An application was moved by the opposite party no.3 i.e. complainant on 26.5.2006 stating that the persons produced before the court as P...
Monday, 22 August 2016

When court can recall its own order under its inherent powers?

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Supreme Court in Budhia Swain v. Gopinath Deb, (1999) 4 SCC 396, held that what is a power to recall? Inherent power to recall its own or...
Wednesday, 10 August 2016

Whether inherent power U/S 482 of CRPC can be exercised to recall a matter which has been finally disposed of by court?

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There is no power of review with the criminal court after the judgment has been rendered. The High Court can alter or review its judgment ...
Friday, 13 November 2015

When bail granted by court can not be cancelled?

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Order granting bail cannot be cancelled in the light of provision contained in Section 362 Cr.P.C. Applying the statement of law render...
Sunday, 18 October 2015

Whether Magistrate can recall his order passed under S 156 of CRPC?

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In fact, the learned single judge of this Court in the case of Dashrath Chawhan v. State of Maharashtra and Anr. (supra) has held that o...
Wednesday, 3 June 2015

Whether court can recall its order when judgment is rendered in ignorance of fact that necessary party has not been served at all?

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 In my view application made by the petitioner in Writ Petition No.4797 of 2013 was also maintainable under section 151 of the Code of Civi...