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1991 Supreme(Bom) 506

M.F.SALDANHA
Suresh T. Kilachand – Appellant
Versus
Sampat Shripat Lambate & another – Respondent


JUDGMENT - SALDANHA M.F., J.:---An important but rather unusual point has arisen in this and in the companion set of eleven applications which concerns the inherent powers of the High Court, the issue raised being whether in exercise thereof it is permissible to recall a final judgment that has already been signed. The respective parties have argued the point in detail, and before addressing myself to the law on the subject it is necessary to preface the judgment with relevant facts.

2. It is desirable to commence the narration with the statement that the offences alleged relate to the period between 1964 and 1969, the prosecutions were commenced in 1975, they concluded in 1979 against which an appeal was filed in 1980 and for some unstatable reasons, the appeal was just not listed for disposal to until the office was specifically directed to list all the old pending matters and ultimately on 21st August, 1991 this and the companion appeals were disposed of through judgments. On 6th September, 1991, an application was filed by the original accused, who is the present applicant, wherein the first prayer is that the judgment dated 21st August, 1991 be set aside and that consequential




























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