7-Judgment Writing-by Ch Kishore Kumar_0.pdf
387.7 KB
General guidelines for -Judgment Writing-by Ch Kishore Kumar
βFour things belong to a Judge;
to hear courteously,
to proceed wisely,
to consider soberly and
to decide impartially.β
~ Socrates
#Quote
@CurrentLegalGK
#Beingjudge@CurrentLegalGK
βFour things belong to a Judge;
to hear courteously,
to proceed wisely,
to consider soberly and
to decide impartially.β
~ Socrates
#Quote
@CurrentLegalGK
#Beingjudge@CurrentLegalGK
π―6π2
https://www.thehindu.com/news/cities/chennai/when-can-court-recall-judgment/article7415350.ece
Key terms - Power to recall, 362, 482 of CrPC, Article 226, interim orders, arithematical/clerical errors
π¨ββοΈLandmark Case law Antulay vs Nayak
seven-member Constitution bench of the apex court reiterated its powers to recall judgements under certain circumstances. βThe injustice done should be corrected by applying the principle
π₯ Legal maxim - actus curiae neminem gravabit , an act of the court shall prejudice no one,β the bench said.
In State of Orissa vs Janamohan Das , the Odisha High Court elaborated the principle set in Antulay and said there has to be βsubstantial injury to the suitorβ to recall an order.
β..while conceding the power of recall available to this Court, we would say that the same would be exercisable only in exceptional cases where the mistake committed by the court is palpable and is such which, by its own force, has caused substantial injury to a suitor.β
HC bound by CrPC
While the fact that the courts have powers to recall is a settled one, there are still divisions on when this power could be exercised.
Read more....
Key terms - Power to recall, 362, 482 of CrPC, Article 226, interim orders, arithematical/clerical errors
π¨ββοΈLandmark Case law Antulay vs Nayak
seven-member Constitution bench of the apex court reiterated its powers to recall judgements under certain circumstances. βThe injustice done should be corrected by applying the principle
π₯ Legal maxim - actus curiae neminem gravabit , an act of the court shall prejudice no one,β the bench said.
In State of Orissa vs Janamohan Das , the Odisha High Court elaborated the principle set in Antulay and said there has to be βsubstantial injury to the suitorβ to recall an order.
β..while conceding the power of recall available to this Court, we would say that the same would be exercisable only in exceptional cases where the mistake committed by the court is palpable and is such which, by its own force, has caused substantial injury to a suitor.β
HC bound by CrPC
While the fact that the courts have powers to recall is a settled one, there are still divisions on when this power could be exercised.
Read more....
The Hindu
When can court recall judgment?
On July 10, Justice P. Devadas of the Madras High Court recalled an order issued a month back advising mediation between a rape survivor and a convict.
π4π―1
pdf_upload-367991.pdf
424.4 KB
The Supreme Court has observed that the High Court has inherent power under Section 482 of the Code of Criminal Procedure to recall an order and the provisions of Section 362 Cr.P.C. would not bar it from exercise of such powers.
-------
S.C. held that if any order is passed in consonance of the prayer made in the present petition, it would invariably amount to review which is barred under Section 362 CrPC and is not permissible even under the inherent powers (Section 482) possessed by the Court.
SIMRIKHIA V. DOLLEY MUKHERJEE, (1992)
@CurrentLegalGK
-------
S.C. held that if any order is passed in consonance of the prayer made in the present petition, it would invariably amount to review which is barred under Section 362 CrPC and is not permissible even under the inherent powers (Section 482) possessed by the Court.
SIMRIKHIA V. DOLLEY MUKHERJEE, (1992)
@CurrentLegalGK
π5π―1
This media is not supported in your browser
VIEW IN TELEGRAM
π€£17π4β€βπ₯2π₯2π1
10177_2014_1_1501_51211_Judgement_04-Mar-2024.pdf
866.6 KB
Sita soren v. Union of India, 2024
Read the index and let me know if you want a brief on something else other than main issue.
@CurrentLegalGK
Read the index and let me know if you want a brief on something else other than main issue.
@CurrentLegalGK
π3
π
#Quote
βInformation is the currency of democracy,β and critical to the emergence and development of a vibrant civil society.
~Thomas Jefferson
@CurrentLegalGK
βInformation is the currency of democracy,β and critical to the emergence and development of a vibrant civil society.
~Thomas Jefferson
@CurrentLegalGK
π4π―2β€1