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Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 May 2012

Should court modify its order if facts are found to be false

Court has given orders based on wrong facts. These facts were not known to the court at the time of pronouncing its orders.

 

I presume courts have two ways to review its orders:

Method 1: Review of its order/s. i.e If there has been ellaborate discussion and the order has been pronounced, but is not found to be suitable to one of the parties, it can appeal for review.

Method 2: IF FACTS OF THE CASE ARE FOUND TO BE FALSE AT A LATER STAGE, PARTY CAN APPEAL TO THE COURT TO REVIEW ITS DECISION. - Is it mandatory for the court (lower court, a quasi judicial body that specifically has powers for such review - THIS ASPECT IS RECORDED CLEARLY IN ITS LAW BOOD) to review its decision.

 

WHAT SHOULD BE DONE IF THE COURT/JUDGE REFUSES TO REVIEW HIS/ITS JUDGEMENT UNDER THESE VALID CIRCUMSTANCES?



Learning

 4 Replies

R.K Nanda (Advocate)     27 May 2012

File appeal in higher court.

R.K Nanda (Advocate)     27 May 2012

File appeal in higher court.

Rajeev Kumar (Lawyer/Advocate)     27 May 2012

Yes the court has its discretionary power to modify the order if the appeal is filed.

Sandeep Naik (Advocate)     27 May 2012

Both the above Hon'ble  dignatories are right

Adv. Sandeep Naik

Mob: 99670 56980


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