2011 (2) TMI 1565

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....oj Swarup and Co., Siddhartha Dave, Vibha Datta Makhija, Sandeep Singh, Advs. and Manoj Swarup and Co. For the Respondent : None ORDER Crl. Appeal No. 1323 of 2004 1. The appeal fails and is accordingly dismissed. Crl. Appeal No. 875 of 2006 2. The Appeal is dismissed as having become infructuous. Criminal Appeal No. 1323/2004 3. Heard learned Counsel for the parties. 4.....

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....ar. This is a human mistake and can happen to anyone. Hence, the High Court recalled the order dated 2.9.2003 and directed the case to be listed for fresh hearing. The aforesaid order recalling the order dated 2.9.2003 has been challenged before us in this appeal. 8. Learned Counsel for the Appellant has relied on the decision of this Court in Hari Singh Mann v. Harbhajan Singh Bajwa AIR 2001 S....

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....clerical or arithmetical error. The reliance of the Respondent on Talab Haji Hussain's case (AIR 1958 SC 376)(supra) is misconceived. Even in that case it was pointed that inherent powers conferred on High Courts under Section 561A (Section 482 of the new Code) has to be exercised sparingly, carefully and with caution and only where such exercise is justified by the tests specifically laid dow....

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....erved: Kevalam Shastram Ashritya Na Kartavyo Vinirnayah Yuktiheeney Vichare tu Dharmahaani Prajayate which means: The Court should not give its decision based only on the letter of the law. For if the decision is wholly unreasonable, injustice will follow. 11. Apart from the above, we are of the opinion that the application filed by the Respondent was an applicatio....