Application by a Necessary Party Seeking Recall of an Ex-Parte Order is Maintainable: Allahabad High Court

The Allahabad High Court ruled that every Court and Tribunal possess inherent power to set aside an ex-parte order as a form of 'procedural review,' distinct from the statutory power to review a case on merits.

Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order to correct procedural defects and ensure justice between the parties. This inherent power allows the Court or Tribunal to correct procedural illegality that invalidates the proceedings and the order itself.

The case in question involved a recall application against an ex-parte order passed under Section 24 of the UP Revenue Code. The Court held that a recall application can be maintained by non-parties if they are necessary parties to the proceedings.

The judgment emphasizes the principle of natural justice that no adverse orders should be passed without giving an opportunity of hearing, and a recall can be sought to correct procedural errors.

The Court clarified that a recall or review based on procedural irregularities does not require an adjudication on the merits of the case; establishing procedural error or illegality is sufficient for exercising the inherent power of recall.

Comments

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies. Background and Rationale Behind Setting Aside Bihar Reservation Increase Law The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase. The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within...

Pune Porsche Crash: Father of Minor Granted Bail

Image Credit: tv9marathi A Pune court has granted bail to the minor’s father, Vishal Agarwal, who faced charges under the Juvenile Justice Act for neglect and endangering the child by allowing him to drive without a license and consume alcohol. Additionally, bar owners and managers were arrested for serving alcohol to minors. The father, already in custody for other related charges, was implicated in the alleged manipulation of his son’s blood samples and in a separate case of kidnapping his driver. Advocate Prashant Patil argued that Vishal Agarwal's arrest was unlawful, contending that the charges were non-cognizable offenses and required a notice under the Criminal Procedure Code. Mr. Patil also highlighted contradictions in police reports, where the minor was listed as the accused in one FIR and as a victim in another. Also Read: Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case Earlier Proceedings in the Pune Porsche Crash Inc...

Counsel's failure to argue written submissions is not a ground of review: Bombay High Court

By - Sameeksha Negi* The Bombay High Court has observed that “If Counsel has not urged a point, the fact that there were written submissions is immaterial if those written submissions were never in fact argued.” The Bench also added that “Counsel’s failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court.” The bench was hearing a review petition filed for seeking reinstatement of original arbitration petition on grounds some of which were never argued and others never pleaded and the said petition was filed after the original arbitration petition was fully argued, and then decided by pronouncement in open court. Also Read - The Pension Scheme for freedom fighters cannot be construed in a manner that the requirements prescribed are rendered a dead letter: Bombay HC According to Justice GS Patel allowing parties to take grounds in review pleas or in appeals that were not argued initi...

Lawgic Simplified

Search This Blog