Supreme Court Dismisses Interlocutory Application for Recall of Order. The application lacked merit and did not warrant the recall of the previous order issued in the review petition.

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Case Note & Summary

The case involved an interlocutory application filed by the Union of India, which sought to recall an order dated 2.8.2007 issued by the Supreme Court in Review Petition (Civil) No.503 of 2007. The application was presented in the context of ongoing legal proceedings where the Union of India was a party. The court considered the merits of the application and ultimately dismissed it, indicating that the reasons for the original order remained valid. The dismissal of the application confirmed the court's stance on the matter without providing additional commentary or justification. The decision was rendered on January 12, 2009, by Justices Tarun Chatterjee and H.L. Dattu.

Headnote

A) Civil Procedure - Interlocutory Application - Dismissal of Recall Application - Supreme Court of India, 2009 - The Union of India filed an interlocutory application seeking to recall a previous order. The court dismissed the application, affirming the validity of the earlier order without further elaboration. Held that the application lacked merit (Paras Not mentioned).

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Issue of Consideration

Whether the order dated 2.8.2007 should be recalled

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Final Decision

The Supreme Court dismissed the interlocutory application filed by the Union of India, affirming the previous order without further justification.

Law Points

  • Interlocutory application
  • recall of order
  • review petition
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Case Details

2009 LawText (SC) (01) 45

Interlocutory Application No.2 of 2008 in Review Petition (C) No.503 of 2007 in Special Leave Petition (C) No.623 of 2007

2009-01-12

Tarun Chatterjee, H.L. Dattu

Union of India

Ram Bipat & Ors.

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Nature of Litigation

Interlocutory application for recall of an order

Remedy Sought

Recall of the order dated 2.8.2007

Filing Reason

To challenge the validity of the previous order

Previous Decisions

Order dated 2.8.2007 in Review Petition (C) No.503 of 2007

Issues

Validity of the order dated 2.8.2007 Merit of the interlocutory application

Submissions/Arguments

Union of India sought to recall the order

Ratio Decidendi

The court upheld the validity of the previous order and found no merit in the application for recall.

Judgment Excerpts

Interlocutory application no.2/2008, filed by the Union of India, praying for recall of order dated 2.8.2007 of this Court passed in the Review Petition (Civil) No.503/2007, is dismissed.

Procedural History

The interlocutory application was filed after the order dated 2.8.2007 in the review petition.

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