TMI Blog2011 (2) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 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. - Criminal Appeal Nos. 1323 of 2004 and 875 of 2006 - - - Dated:- 23-2-2011 - Markandey Katju And Gyan Sudha Misra, JJ. For the Appellant : Manoj Swarup, Lalita Kohli and Abhishek Swarup, Advs., Manoj Swarup and Co., Siddhartha Dave, Vibha Datta Makhija, Sandee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the Appellant has relied on the decision of this Court in Hari Singh Mann v. Harbhajan Singh Bajwa AIR 2001 SC 43. Para 10 of the said judgment states: Section 362 of the Code mandates that no Court, when it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or arithmetical error. The Section is based on an acknowledged principle of law that once a matter is finally disposed of by a Court, the said Court in the absence of a specific statutory provision becomes functus officio and disentitled to entertain a fresh prayer for the same relief unless the former order of final disposal is set aside by a Court of competent jurisdiction in a manner prescribed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which means: The Court should not give its decision based only on the letter of the law. For if the decision is wholly unreasonable, injustice will follow. 11. Apart from the above, we are of the opinion that the application filed by the Respondent was an application for recall of the Order dated 2.9.2003 and not for review. In Asit Kumar v. State of West Bengal and Ors. 2009 (1) SCR 469, this Court made a distinction between recall and review which is as under: There is a distinction between...a review petition and a recall petition. While in a review petition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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