Month: May 2023

Part-II. Reference to Larger Bench does not render ineffective the precedential value of the referred matter.

         In the previous article (Part-I), the question of law considered was in light of a Recall Application filed by the Central Bureau of Investigation against the Final Judgment in a matter titled as Ritu Chhabaria Versus Union of India & Ors. bearing Writ Petition (Criminal) No. 60 of 2023 decided on 26.04.2023 reported in... Continue Reading →

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Part I. Is ‘Recall’ of a final judgment of Supreme Court permissible? “No”

“We are right because we are final: we are not final because we are right” Bihar Legal Support Society v. Chief Justice of India, (1986) 4 SCC 767 (Constitutional Bench) 1. Issues 2. Application for 'Recall' of a final judgment impermissible: 2.1. No provision / procedure / rules permit filing of an Application for Recall... Continue Reading →

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