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Showing posts from February, 2015

The Recall Jurisdiction of the Courts

What is Recall of Orders of the Court ? But first….what is expected from the Orders of the Court – a)       While giving due consideration to the submissions and evidences on record of the rival parties, to record a reasoned finding with respect to disputed question of fact or of law; b)       Employing cogent reasons about the conclusion reached in the order / judgment. c)       Passing of orders in accordance with law. d)      Principles of natural justice are reasonably observed in the judicial proceeding. And when the Orders suffers from any of the vices, it is challenged by way of Review, Appeal or in Revision, alleging the impugned Order, being infected with either of the grounds, i.e. – a)       That there is Error apparent on the face of the Record; b)       That there is Perversity in the impugned Order; c)       That there is patent Illegality, i.e. the impugned Order is not in accordance with law; d)      That the impugned Order was passed in b