Pvt_RajKing (Private) 23 July 2010

Recalling Order by High Court - Need Supreme Court Judgments

Does anyone know of good Supreme Court judgments for conditions to be met before recalling an order by High Court or other courts with recalling power?

I am looking for specific criteria that the supreme court may have laid down that needs to be met for recalling of orders.

Thanks

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4 Replies

N.K.Assumi (Advocate) 24 July 2010

Recalling of order in civil or criminal case?

N.K.Assumi (Advocate) 24 July 2010

For recsll of order in Civil case refer to Supreme Court case in Budhia swain and Others as reported in 1999-(005)-SUPREME-0049-SC and in criminal case refer to Maj General A.S.Gauraya and another vs S.N.Thakur and Another: 1986-003)-CRIMES-0001-SC.

Pvt_RajKing (Private) 24 July 2010

Civil Case. A High Court recalled its earlier order in this case (for availability of another forum, though it never says that it had no jurisdiction).

Pvt_RajKing (Private) 24 July 2010

Originally posted by :N.K.Assumi
"	For recsll of order in Civil case refer to Supreme Court case in Budhia swain and Others as reported in 1999-(005)-SUPREME-0049-SC and in criminal case refer to Maj General A.S.Gauraya and another vs S.N.Thakur and Another: 1986-003)-CRIMES-0001-SC.	"

Thanks. Mine is a civil one and the Budhia swain case is good enough...thanks again...it is a shame that even a High Court doesn't know such a basic law which is also in S. 21 of CPC for review and recall is more substantial power than review...