Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Swami Sadashiva Brahmendra Sar (Nil)     10 June 2009

recall of order u/s 362 CrPC

whether under S.362 Cr.P.C a magistrate can review / recall earlier order passed by his predecessor ?



Learning

 8 Replies

N.K.Assumi (Advocate)     11 June 2009

Dear Dr.Tripathiji, Please refer to the case of Maj.Genl.A.S.Guraya and Another vs S.N.Thakur and Anothet: 1986-CAR-0117-SC. This case has discussed in length the Recall of Order and Restoration after Dismissal.

1 Like

SHEKHAR MISHRA (public servant)     11 June 2009

no, he can't do it.only clerical and arithmetical error can be corrected.

Adv. Deepak (Advocate)     17 June 2009

Respected Adv. N.K. Assumi Sir,  from where can I get the judgement of 1986-CAR-0117-SC.  Please advise me suitably.  Regards.


(Guest)

Sh,. Assumi ji,
Is there a equivalent Order in Civil matters talking in length about "recall of Order of Restoration after Dismissall" on lines of Maj. Genl. A.S. Guraya kind of cases that you know of?
Regards,
D. Arun Kumar, New Delhi

PARTHA P BORBORA (advocate)     08 July 2009

no magistrate has the power to alter, review or recall earlier order passed by his predecessor except the framing of charge, only clerical and arithmetical error can be corrected.

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2009

Adv. Pathaprotim has said it clearly ........ there is no need to probe the issue further ...

1 Like

Adinath@Avinash Patil (advocate)     30 August 2009

court can't alter ,review or recall  his order/judgment  .

please refer AIR 2001[s.c.]page 2145.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2009

362,CrPC COURT NOT TO ALTER  JUDGMENT....THAT IS FINAL


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register