SMT. SOORAJ DEVI versus PYARE LAL AND ANR.

SMT. SOORAJ DEVI versus PYARE LAL AND ANR.

The High Court had no power to review or alter its own judgment under section 482 CrPC as section 362 CrPC expressly prohibits such action except for clerical or arithmetical errors, and the present controversy did not fall within those exceptions.

Parties
Appellant: Smt. Sooraj Devi; Respondent: Pyare Lal; Respondent: Kailash Chandra Jain
Jurisdiction
India
Judgment Date
08 January 1981
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order Dismissing Application for Clarification Under S. 482 Cr PC
Outcome
Appeal dismissed
Legal Topics
Review or Alteration of Judgments, Inherent Powers Under S. 482 Cr PC, Section 362 Cr PC, Clerical and Arithmetical Errors
Criminal Law Procedure Review or Alteration of Judgments Inherent Powers Under S. 482 Cr PC Section 362 Cr PC Clerical and Arithmetical Errors

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Parties

Smt. Sooraj Devi

Appellant

Pyare Lal

Respondent

Kailash Chandra Jain

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order Dismissing Application for Clarification Under S. 482 Cr PC

Legal Issues

  1. 1 Whether the High Court can alter or review its own judgment in exercise of inherent powers under section 482 of the Code of Criminal Procedure, 1973, despite section 362
  2. 2 Meaning of 'clerical or arithmetical error' under section 362 of the Code of Criminal Procedure, 1973

Ratio Decidendi

The High Court had no power to review or alter its own judgment under section 482 CrPC as section 362 CrPC expressly prohibits such action except for clerical or arithmetical errors, and the present controversy did not fall within those exceptions.

Court Disposition

Appeal dismissed

Orders

  • High Court's order refusing to entertain the application for clarification under section 482 CrPC is affirmed.
  • No impact on pending or future civil proceedings regarding the property.