Case Law Details
VIP Industries Ltd. Vs. CCE (Bombay High Court) –High Court has [de hors of the provisions of the Central Excise Act, 1944] power to review its own decision rendered in appeal filed under the Act. Ordinary Courts which have been seized of a dispute in respect of a legal right or liability under a special enactment, should be regarded as having power to adjudicate such dispute according to the ordinary rules of practice and procedure which would include the power to review judgements and orders.
Even in the absence of an express provision in the Act conferring the power of review, this Court has a power to review its decision. One of the grounds for review is an error apparent on the face of record and where a statute has been amended retrospectively, a judgement applying the un amended law would constitute an error apparent on the face of record.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
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Sir I want to know about grounds of recall if there is due to department mistake goods disposed before order and not informing the court and court on the assumption that still goods with department and passed the order and appellant after order learnt that goods disposed and he informing the court on review petition and court recalled whole order is it this remmedy in this case