SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Online)(HP) 7421

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J
Kehar Singh & Ors. – Appellant
Versus
State of H.P. & Ors. – Respondent


Advocates:
For the Petitioners:Mr. Nitin Thakur, Advocate
For the Respondents:Mr. Manoj Chauhan, Addl. A.G., Mr. Sunil Mohan Goel, Sr. Advocate with Mr. Raman Jamalta, Advocate, Dr. Lalit K. Sharma, Advocate

Vivek Singh Thakur, Judge This review petition has been preferred by the petitioners against the judgment dated 15.10.2020, passed in CWP No. 2001 of 2015, titled as Kehar Singh & Ors. vs. State of H.P. & Ors., with the plea that though, this Court in para-39 has “24. The High Court, in an appropriate case, may grant such relief to which the writ petitioner wou.ld be entitled to in law as well as in equity.

25. We do not, thus, find any substance in the contention of Mr. Sharan that while exercifsing its review jurisdiction, no interest on the principoal sum could have been directed to be granted by the High Court. A writ court exercises its power of Review under Article 226 of the Constitution of India itself. While exercising the said jurisdiction, it not only acts as a court of law but also as a court of equity. A clear error or omission on the part of the court to consider a justifiable claim on its part would be subject to review; amongst others on the principle of actus curiae Cneminem gravabit (An act of the courts shall prejudice none). We appreciate the manner in which the learned Judge accepted his mistake and granted relief to the respondents.

g 26. We, however, although a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top