.... The circumstances in which the court can recall its own order under inherent powers are well-settled and such a power to recall an order should not be confused with the power o...court has inherent power to review its own orders.3. The learned Counsel for the petitioner contended that the power of review is not conferred under the provisions of Cr. P.C and as...settled that the court has no power to review its order unless there is a provision specifically empowering the same.5. There is no provision under Cr. P.C enabling the court to exercise...

.... No court or tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would a...fraud practised upon that court. Similarly, where the court is misled by a party or the court itself commits a mistake which prejudices a party, the court has the inherent power to recall its ...that “no judgment of a court, no order of a Minister can be allowed to stand if it has been obtained by fraud, for, fraud unravels everything” (Lazarus Estates Ltd. v. Beasley...

.... S.A Samuthira Pandian AIR 1998 Mad 323 in which it had been held that under Order 18 Rule 17 CPC, the court could not only recall a witness on its own but also on an application made by the...Order 18 Rule 17 CPC can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit, but as indicated hereinabove, such power is to be invoked not...provisions of Order 18 Rule 17 CPC are reproduced hereinbelow:“17. Court may recall and examine witness.—The court may at any stage of suit recall any witness who has been...

...Order 18 Rule 17 CPC can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit, but as indicated hereinabove, such power is to be invoked not.... 707 of 2010 set aside the order of the trial court and directed taking on record the bills which are proposed to be filed by the plaintiff, granted permission to recall PW 1 to prove those bills. The...valid and sufficient reasons, the court may exercise its discretion to recall the witnesses or permit the fresh evidence. But if it does so, it should ensure that the process does not become a...

...Section 482 of the Code of Criminal Procedure, can recall the order. There is no cleavage of opinion that a court cannot recall its own order by sittin...circumstances, there can be no reason to recall the order passed by ourselves of the aforesaid date. Had there been an error of the court, certain by the court, in exercise of the power under...1. Mr. Sanyal has filed an application for recall of the order dated 21st July, 1997 which was presented under Section 439 of the Code of Criminal Procedure for...

..., especially the Writ Court, it can always recall its own order, for the concession which forms the base is erroneous.29. Similarly, the Division Bench in the intra-...inherent powers of the High Court to review its order under Article 226 of the Constitution in Shivdeo Singh v. State of Punjab...the aforesaid period.”6. The said order was assailed before this Court in Civil Appeal No. 3441 of 1998 and other connected appeals. This Court, vide order...

...can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the clai...the Commissioner dated 19-3-1999 remained unchanged. Had the Commissioner refused to recall the said order, would the High Court have refused to interfere, if the claimant moved the High Court under...factual position that there was no dispute between the parties, when the application for recall of the order dated 19-3-1999 was considered, that an artifice was disported in the Court at least by...

...trial Court can recall its own order, so, in this view of the judgment, learned counsel for the petitioner contended that it was required of the learned trial Court to recall ...on 22.01.2013, their evidence was closed by order.Aggrieved against the same, the present petitioner and respondents Nos. 3 & 4 filed application (Annexure P-2) before the trial Court...for recall of the order, but that was dismissed vide order dated 06.12.2013 (Annexure P-3).Aggrieved against both the orders (supra), the petitioner who is defendant No. 1 before the...

...would be as to whether, the trial Court can recall its own order dated 19.11.2014 that to after lapse of about two years when the plaintiff examination has already been completed and the part of c...order dated 19.05.2017 (annexure-7) passed in Title (Eviction) Suit No. 50 of 2013 has been assailed, whereby and whereunder, the trial Court has allowed the petition dated 17.05.2016 filed for recall..., 2000 (hereinafter referred to as the Act, 2000) and further order passed by the trial Court in petition dated 17.05.2016, whereby and whereunder the defendant/tenant has prayed to file...

...." In the light of the above proposition of law, the petitioners prima facie showed that under certain circumstances, a Court can recall its own order. As such,...recalling an order, as per the decision of the Supreme Court in Budhia Swain v. Gopinath Deb1, under certain circumstances, Court can recall...file of this Court. Office took an objection as to how this petition to recall the order is maintainable. Learned counsel for the petitioner submitted that though there is no specific provision for...

...questions to him as it thinks fit. The power to recall any witness under Order 18 Rule 17 can be exercised by the court either on its own motion or on an application filed by any of the parties to...Order 18 Rule 17 CPC.29. It is now well settled that the power to recall any witness under Order 18 Rule 17 CPC can be exercised by the court...Code, subject to its limitations, can be invoked in appropriate cases to reopen the evidence and/or recall witnesses for further examination. This inherent power of the court is not affected by the...

...17 can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit requesting the court to exercise the said power. The power is discretionary and..., subject to its limitations, can be invoked in appropriate cases to reopen the evidence and/or recall witnesses for further examination. This inherent power of the court is not affected by the express...Act. There is therefore no doubt that such electronic record can be received as evidence.9. Order 18 Rule 17 of the Code enables the court, at any stage of a suit, to...

...the newly-discovered facts amounting to fraud of high degree, cannot be foreclosed in such a situation. No court or tribunal can be regarded as powerless to recall its own order if it is convinced...151 CPC, to recall its judgment or order if it is obtained by fraud on court. In the case of fraud on a party to the suit or proceedings, the court may direct the affected party to file a separate suit...recalling of the award. The Tribunal, however, dismissed the petition on the ground that it had no power to review its own award. The High Court confirmed the order. The Company approached this Court...

... (2000) 3 Supreme Court Cases 581 -5- , "No court or tribunal can be regarded as powerless to recall its own ...-226010 Revision Petition No. RP/102/2017 (Arisen out of Order Dated 15/06/2017 in Case No. M/05/2016 of District Bahraich...) 1. Lkhimpur Finvest Co. Ltd Through its M.D. Sri Sewak Singh Ajmani S/O Sri Bhag Singh R/O Pujabi Colony Distt. Lakhimpur Khiri ...........Appellant(s) Versus 1. Mohd...

.... Now the question arises whether the criminal court can recall its own order or whether the impugned order amount to review of the order, which is barred by section 362 of the C...trial court recalled the order dated 9.5.2011 On 15.9.2011, the petitioner moved an application to recall the order dated 11.8.2011, which was rejected.8. It is submitted by the learned...counsel for the petitioner that the criminal court under section 451 of the Code of Criminal Procedure can pass an order of disposal of property till the end of trial. The...

...has power to review its own order or at any rate, the court can recall its own order under section 482 Cr. P.C2. So far as Cr. Application No. 267/97 and C...reviewing its own orders and alternatively under the inherent powers, the court can recall its order and the matters.4. Mr. Shah and Mr. Rao relied upon Nazim v. Ass...court regarding review are concerned, I am not in agreement with the submissions of Mr. Rao and Mr. Shah, that this court can review its own orders. Mr. Rao tried to differentiate between reviewing the...

...exercised? I am of the opinion that such illegality as alleged, can only be seen by the revisional court and if this court takes up the adjudication it would amount to revising its own order and c...to mistake. Can the order of grant of time be recalled without prejudice to the other party? Answer is a ‘No’. Further the grant of time by the court, assuming but not conceding, if was beyond the...hereinbelow the relevant part of the order dated 18.2.2011:-“Yet another point of consideration is that on what grounds the petition is preferred before this court? Taking this fact in account...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...foreclosed in such a situation. No court or Tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation ...or Tribunal can be regarded as powerless to recall its own order if it is convinced that the order was obtained by fraud or misrepresentation and especially when the insurance companies are dealin.... Similarly, where the court is misled by a party or the court itself commits a mistake which prejudices a party, the court has the inherent power to recall its order. 12. In yet...

...recall any witness under Order 18 Rule 17 CPC can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit, but as indicated hereinabove, suc.... 2. That this Hon'ble Court consolidated the present suit with another suit titled as Mange Ram Vs. Chander Kanta etc. vide its order dated 8.12.2007..., recall any witness at any stage in that regard. This power can be exercised at any stage of the suit. No doubt, once the court recalls the witness for the purpose of any...