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    <title>2022 (3) TMI 1662 - SC Order</title>
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    <description>The Supreme Court of India held that a High Court may recall its ex parte order passed under Section 482 of the Code of Criminal Procedure, 1973, where the affected party was not heard and the application seeks recall for procedural fairness rather than substantive review. Section 362, which restricts review of criminal judgments, was held not to bar such recall because the application aimed to restore the matter for hearing on merits, not to reopen a concluded decision by substantive reconsideration. The recall application was therefore maintainable, and the order recalling the ex parte decision was upheld.</description>
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    <pubDate>Mon, 07 Mar 2022 00:00:00 +0530</pubDate>
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      <title>2022 (3) TMI 1662 - SC Order</title>
      <link>https://www.taxtmi.com/caselaws?id=466078</link>
      <description>The Supreme Court of India held that a High Court may recall its ex parte order passed under Section 482 of the Code of Criminal Procedure, 1973, where the affected party was not heard and the application seeks recall for procedural fairness rather than substantive review. Section 362, which restricts review of criminal judgments, was held not to bar such recall because the application aimed to restore the matter for hearing on merits, not to reopen a concluded decision by substantive reconsideration. The recall application was therefore maintainable, and the order recalling the ex parte decision was upheld.</description>
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      <pubDate>Mon, 07 Mar 2022 00:00:00 +0530</pubDate>
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