Review jurisdiction and recall of orders may follow when a later Constitution Bench overrules the precedent applied earlier.

The Supreme Court's review power is confined by Article 137, the Supreme Court Rules and Order XLVII Rule 1 CPC, but it may be exercised where a later Constitution Bench decision expressly overrules the precedent underlying earlier orders. In the land acquisition matters discussed, the overruled precedent had formed the sole basis of several decisions, and the Court treated that change in law as sufficient to justify recall in the peculiar facts and broader public interest. The earlier orders in the connected civil appeals were recalled and the appeals were restored for fresh consideration on merits in light of the later ruling.

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Issues: Whether the review and recall applications were maintainable and whether the earlier orders disposing of the civil appeals could be recalled in view of the subsequent Constitution Bench ruling overruling the precedent on which those orders were based.

Analysis: The review jurisdiction of the Supreme Court is controlled by Article 137 of the Constitution, the Supreme Court Rules, and Order XLVII Rule 1 of the Code of Civil Procedure. The majority held that the later Constitution Bench decision had expressly overruled the earlier precedent and all decisions following it, and that this change justified recall of the earlier orders in the peculiar facts of these land acquisition matters. It was also emphasized that many matters had been decided solely on the basis of the overruled precedent, and that allowing rehearing would protect larger public interest where possession of land had already been taken and used for public purposes.

Conclusion: The review and recall applications were maintainable and were allowed. The earlier orders in the connected civil appeals were recalled and the appeals were restored for fresh consideration on merits in light of the later Constitution Bench ruling.

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