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Hubli Manekattuva Sahakari Sangha Ltd. vs Deputy Registrar Of Co-Operative ... on 22 April, 1994 cites

Patel Narshi Thakershi And Ors. vs Shri Pradyumansinghji Arjunsinghji on 2 March, 1970

4. I have heard the Government Advocate as well. The Counsel for the petitioner contended that unless there is express conferment of power to review, the 2nd respondent could not have rescinded the order dated 24-4-1989. He relied on the Decision of the Supreme Court in PATEL NARSHI THAKERSHI AND ORS. v. PRADYUMANSINGHJI ARJUNSINGHJI . But in this case, the stand taken by the respondents is that the power exercised by the authorities is not the power of review but only power of rectification. According to them, there were no grounds to revoke the liquidation order and that therefore, the authority was merely setting right the error committed resulting in the restoration of position ante to 24-4-1989. According to the contesting respondent, the power exercised is under Section 72(3) of the Act and the authority exercising the said power has inherent power to set right the error. It has to be noted that it is fundamental that every authority has inherent power vested in it to correct any error which vitiates the order, after due notice to the affected party. Such reserve power is located in every authority exercising jurisdiction. Hence, it is not necessary that there should be an express conferment of power on the 2nd respondent to rescind the order dated 24-4-1989.
Supreme Court of India Cites 6 - Cited by 565 - K S Hegde - Full Document
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