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1 - 4 of 4 (1.26 seconds)All Bengal Excise Licensees ... vs Raghabendra Singh & Ors on 9 March, 2007
There is a distinction between a petition under Article 32, a review
petition and a recall petition. While in a review petition the Court considers on merits
where there is an error apparent on the face of the record, in a recall petition the
Court does not go into the merits but simply recalls an order which was passed
without giving an opportunity of hearing to an affected party. We are treating this
petition under Article 32 as a recall petition because the order passed in the decision
in All Bengal Licensees Association v. Raghabendra Singh & Ors. [2007 (11) SCC 374]
cancelling certain licences was passed without giving opportunity of hearing to the
persons who had been granted licences.
A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988
In the Seven Judge Constitution Bench of this Court, A.R. Antuley v. R.S.
Nayak & Anr. 1988 (2) SCC 602] it has been observed in paragraph 55 thereof:
Rupa Ashok Hurra vs Ashok Hurra & Anr on 10 April, 2002
One of the counsel relied upon another Five Judge Constitution Bench
decision in Rupa Ashok Hurra v. Ashok Hurra [2002 (4) SCC 388]. It is true that in
paragraph 9 of the said judgment it has been observed that this Court under Article
32 of the Constitution cannot hold as invalid a judgment of this Court by treating it as
a nullity. However, the aforesaid judgment does not say that we cannot pass a recall
order when that order has been passed without hearing a party.
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