Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2011 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 1565 - SC - Indian LawsApplication for recall of the Order - In present case, the Criminal Revision was listed in the High Court. No one appeared on behalf of the Revisionist, though the Counsels for Respondents appeared. In these circumstances, the judgment was passed. later, an application was moved for recall of the Order, alleging that the case was shown in the computer list and not in the main list of the High Court, and hence, the learned Counsel for the Revisionist had not noted the case and hence he did not appear. It often happens that sometimes a case is not noted by the Counsel or his clerk in the cause list, and hence, the Counsel does not appear. This is a human mistake and can happen to anyone. Hence, the High Court recalled the order and directed the case to be listed for fresh hearing. same was challenged and hence, this appeal. HELD THAT:- In our opinion, Section 362 cannot be considered in a rigid and over technical manner to defeat the ends of justice. Hence, we see no error in the impugned order passed by the High Court. The appeal fails and is accordingly dismissed.
|