Sunday, February 5, 2017

When court can recall its own order?

Supreme Court in Budhia Swain v. Gopinath Deb, (1999) 4 SCC 396, held that what is a power to recall? Inherent power to recall its own order vesting in tribunals or courts and set aside an orders:- 
(i) obtained by fraud practised upon the court, 
(ii) when the court is misled by a party, or 
(iii) when the court itself commits a mistake which prejudices a party.


For more information see in the link below.

http://www.lawweb.in/2016/08/when-court-can-recall-its-own-order.html

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