Lawstreet Journal

'Being a Court of Record, High Court can review its own judgements under article 226 of the constitution': Kerala High Court [READ JUDGMENT]

Lawstreet Journal 4 Jun 2021 5:29pm

Image courtesy: Lawstreet Journal Judiciary 'Being a Court of Record, High Court can review its own judgements under article 226 of the constitution': Kerala High Court [READ JUDGMENT]

The Kerala High Court on Friday May 20th 2021 repeated the legal proposition that High Courts as Courts of Record could review their own orders.

A division bench chaired by Justices S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition.

The appellant who was the original writ petitioner had received a judgment in their favour, in a dispute concerning land tax payment.

The respondents then filed a review petition before the single judge, who overturned the judgement. The single judge noted that the appellant had suppressed material facts from the court.

Allowing the review petition, the single judge had stated:

“It is clear that these constitutional courts being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record. This has been recognised in several of our judgments. The petitioner filed the writ petition under article 226 of the constitution of India. From the materials produced by the review petitioner, I am of the view that writ petitioner, has not approached this court with clean hands. It is seen that material facts verse suppressed in the writ petition and therefore I deem it appropriate to review and recall the judgement.

A single judge has also underscored that there was no need for the High Court to search for another provision apart from article 226 that allowed it to review its own judgement. Pointing to the facts, the court agreed that the… Continue Reading...

Tagged: kerala high court  
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