Skip to main content

Judges can recall orders passed in open courts - SC

Can an order dictated in an open court in the presence of lawyers and parties be recalled by judges?

The Supreme Court has ruled in the affirmative, holding that even an order which has been pronounced in an open court can be recalled in the interest of justice and that there was no impediment in the law against it.

A three-judge bench headed by Justice B S Chuhan has said there is no provision in the law as well as the corresponding rules that restrains a court from changing its order if the one dictated in the open court is subsequently found to be suffering with grave infirmities, either on facts or on law.

“A judge’s responsibility is very heavy…particularly in a case where a man’s life and liberty hang upon his decision, nothing can be left to chance or doubt or conjecture. Therefore, one cannot assume that the judge would not have changed his mind before the judgment becomes final,” held the court.

According liberty to the judges to change their orders even after dictating it in the open court, the bench, also comprising Justices J Chelameswar and M Y Eqbal, said an order or a judgment shall be treated as final only if it has been signed by the judge or the judges of that court.

Such an order, the bench said, became a final decision of the court when intimated to the parties and the world at large.

Citing some precedents, the bench affirmed the view that finality of an order or a judgment of a court shall not depend its delivery in an open court but on whether such an order is signed by the judge(s) concerned. It said unless signed, an order will be treated only as a draft order and not a final one.

The order came on an appeal by Kushalbhai Ratanbhai Rohit and two other policemen from Ahmedabad in Gujarat.

The trio had been found guilty of dereliction of duty that led an accused in a serious criminial flee from their custody. They were sentenced to jail terms varying between two to three years by the trial court.

On an appeal in the high court, the judges on December 11 last year, took a view that sanction of the state government was required before prosecuting them and consequently, set aside the trial court order. The high court acquitted all of them while dictating the order in an open court.

However, a fortnight later, the high court suo motu recalled its earlier order directed the appeal to be heard again on merits. Challenging the recall order, the policemen moved the Supreme Court .

The Supreme Court  held that that no exception can be taken to the procedure adopted by the high court in recalling the order and dismissed their plea.

Article referred: http://indianexpress.com/article/india/india-others/judges-can-recall-orders-passed-in-open-courts/

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...