AI Overview...

Distinction between Recall and Review

Review:
Considered as an error apparent on the face of the record, where courts examine the merits of a case to correct a mistake.
It is a statutory power, not inherently possessed by courts, and must be conferred explicitly or by necessary implication.
Typically involves re-evaluation of the original decision to determine if there was a legal or factual error (["Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223"], ["Jumman VS State of U. P. - Allahabad"], ["Daanish Haque VS Central Bureau of Investigation - Calcutta"], ["Vikram Bakshi VS R. P. Khosla - Supreme Court"], ["Shivani Chaurasia VS State Of Uttar Pradesh - Allahabad"], ["Jasmine Buildmart Private Limited vs Ahluwalia Contracts (India) Limited - Delhi"]).
Recall:
A procedural remedy to set aside or revoke an order without re-assessing the merits, often based on procedural irregularities, fraud, or misrepresentation.
Does not involve a merits review but is aimed at correcting orders passed without hearing or due process (["Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223"], ["Vikram Bakshi VS R. P. Khosla - Supreme Court"], ["025001150020"], ["Santosh Anil Kolhe vs State of Maharashtra, Through It’s Secretary, Tribal Development Department - Bombay"], ["Daanish Haque VS Central Bureau of Investigation - Calcutta"], ["Sukhjeet Sandhu vs State of Himachal Pradesh - Himachal Pradesh"]).
Main Differences:
Review involves merits and errors on the record; recall is a procedural correction.
Power of review is generally statutory, requiring specific provision; recall may sometimes be inherent, especially in cases of fraud or misrepresentation.
Courts or tribunals cannot exercise review or recall powers beyond what is explicitly authorized by law (["Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223"], ["Jumman VS State of U. P. - Allahabad"], ["025001150020"], ["Santosh Anil Kolhe vs State of Maharashtra, Through It’s Secretary, Tribal Development Department - Bombay"], ["Jasmine Buildmart Private Limited vs Ahluwalia Contracts (India) Limited - Delhi"]).

Analysis and Conclusion

Courts distinguish review as a substantive process to correct errors on merits, whereas recall is a procedural remedy to revoke orders passed without proper opportunity or due to irregularities.
The power of review is not inherent and must be explicitly provided; in contrast, recall can sometimes be exercised inherently, especially in cases involving fraud or fundamental procedural lapses.
Many judgments emphasize that review cannot be exercised arbitrarily or beyond statutory provisions, and recall is limited to specific circumstances like fraud or procedural errors (["Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223"], ["Santosh Anil Kolhe vs State of Maharashtra, Through It’s Secretary, Tribal Development Department - Bombay"], ["Daanish Haque VS Central Bureau of Investigation - Calcutta"]).
Therefore, understanding the legal scope and statutory basis is crucial before invoking either remedy, as they serve different purposes within judicial and quasi-judicial proceedings.

References:- ["Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223"], ["d.srinivas rao vs m/s. stressed assets stabilization fund (sasf) - National Company Law Appellate Tribunal"], ["Jumman VS State of U. P. - Allahabad"], ["Vikram Bakshi VS R. P. Khosla - Supreme Court"], ["Shivani Chaurasia VS State Of Uttar Pradesh - Allahabad"], ["Jasmine Buildmart Private Limited vs Ahluwalia Contracts (India) Limited - Delhi"], ["Santosh Anil Kolhe vs State of Maharashtra, Through It’s Secretary, Tribal Development Department - Bombay"], ["Daanish Haque VS Central Bureau of Investigation - Calcutta"], ["Sukhjeet Sandhu vs State of Himachal Pradesh - Himachal Pradesh"], ["Ambrish Dwivedi vs Anand Kumar Singh - Allahabad"]

Recall vs Review: Key Differences in Court Orders

In the complex world of legal proceedings, understanding the tools available to challenge court orders is essential for litigants, lawyers, and anyone navigating the justice system. One common point of confusion is the distinction between recall and review. These remedies, while both aimed at correcting judicial decisions, serve fundamentally different purposes and operate under distinct legal principles. Getting this wrong can lead to dismissed applications or prolonged litigation.

This blog post breaks down the distinction between recall and review, drawing from established jurisprudence, key statutes like Section 362 Cr.P.C., and landmark cases. Whether you're dealing with an ex parte order or an apparent error on record, knowing when to file a recall application versus a review petition can make all the difference.

What is the Core Distinction?

The primary difference lies in scope, purpose, and nature:- Recall is a procedural remedy focused on rectifying orders passed without hearing, due to procedural irregularities, or in violation of natural justice principles. It does not delve into the merits of the case. Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223 Ghasita VS Board Of Revenue Lko. Thru. Secy. - 2024 0 Supreme(All) 1494 Ulfat VS Additional Commissioner - 2022 0 Supreme(All) 1978- Review is a substantive remedy that involves re-examining the merits, typically for errors apparent on the face of the record. It requires statutory or inherent powers and is more limited. Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959 Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205

As highlighted in jurisprudence, including cases like Asit Kumar Kar and Vishnu Agarwal, recall corrects procedural lapses without touching merits, while review allows a merits-based re-evaluation. Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223 Ghasita VS Board Of Revenue Lko. Thru. Secy. - 2024 0 Supreme(All) 1494

There is a marked difference between recall and review. Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926

This distinction is crucial because courts strictly enforce it to prevent misuse. For instance, treating a recall application as a review—or vice versa—can result in rejection, as seen in cases where single judges erred in this approach. Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926 DURGA BANSAL FERTILIZER LTD. VS ZAITEK POLYBLENDS PVT. LTD. - 2017 Supreme(All) 139

Nature and Purpose of Recall

Procedural Focus

Recall targets orders vitiated by procedural flaws, such as:- Ex parte orders (passed without notice to the affected party).- Dismissals for non-prosecution without proper opportunity.- Violations of natural justice, like lack of hearing. Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959 Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205

Courts exercise inherent powers under procedural rules and the Constitution to recall such orders, ensuring justice is not miscarried due to technicalities. Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959 Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205

In one case, a writ petition dismissed as infructuous without merits consideration was recalled and restored because the application was mislabeled but clearly sought procedural rectification:

Single Judge completely fell in error while deciding the application for recall/restoration application by treating it as an application for review... The application for recall and restoration is of an order which did not decide any issue raised between the parties. Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926

Key Example from Case Law

In Asit Kumar Kar v. State of West Bengal, the Supreme Court clarified:

While in a review petition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing. Jaspreet Singh Garewal VS State of U. P. - 2019 Supreme(All) 1399 DURGA BANSAL FERTILIZER LTD. VS ZAITEK POLYBLENDS PVT. LTD. - 2017 Supreme(All) 139

This principle applies across civil, criminal, and company law matters. Gopal Krishan VS Super Cassettes Industries Ltd - 2019 Supreme(Del) 663 Suryakant VS Chandanmal - 2016 Supreme(MP) 372

Nature and Purpose of Review

Review is narrower and merits-oriented. It applies when:- There's an error apparent on the face of the record (e.g., legal mistakes visible without deep analysis).- Statutory powers exist, like under Order 47 CPC (civil) or limited inherent powers.

Unlike recall, review involves reappraisal of evidence and arguments. However, Section 362 Cr.P.C. strictly bars review of judgments on merits after signing, except for clerical errors. Parvez Shahjahan VS State Of U. P. - 2023 0 Supreme(All) 1312

Section 362 Cr.P.C. explicitly bars the review of judgments on merits after they are signed, but procedural recalls are permissible where orders are passed ex parte or without hearing. Parvez Shahjahan VS State Of U. P. - 2023 0 Supreme(All) 1312

In criminal revisions, courts have noted: recalling and reviewing are different -- inherent power may be exercised. Suryakant VS Chandanmal - 2016 Supreme(MP) 372

Jurisdiction and Legal Principles

Inherent Powers: Courts can recall under constitutional safeguards and rules for natural justice breaches, even post-judgment signing (bypassing Section 362 Cr.P.C. for procedural issues). Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959 Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205
Statutory Limits: Review needs explicit authorization; recall draws from equity and justice. Narendra Kumar VS Presiding Officer Labour Court U. P. Meerut - 2023 0 Supreme(All) 2040
Case Support: Vishnu Agarwal and others reinforce no-merits entry for recall. Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223

In company law under Section 391 (now NCLT jurisdiction), appeals misframed as recalls (but seeking merits review) were dismissed for non-maintainability. Gopal Krishan VS Super Cassettes Industries Ltd - 2019 Supreme(Del) 663

Practical Implications and Exceptions

When to Use Each?

File Recall for no-hearing or ex parte orders: Courts readily allow to prevent injustice. Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205
File Review for record errors: But check statutory bars. Narendra Kumar VS Presiding Officer Labour Court U. P. Meerut - 2023 0 Supreme(All) 2040

Limitations:- Recall can't re-litigate merits, even if the order seems harsh. Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223- No recall if proper notice was given. Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205- Section 362 Cr.P.C. blocks merits review post-signing. Parvez Shahjahan VS State Of U. P. - 2023 0 Supreme(All) 1312

In service law disputes, long-pending writs dismissed infructuously were restored via recall, not review, after 26 years. Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926

Recommendations for Litigants

Emphasize Procedural Flaws: In recall petitions, highlight natural justice violations with evidence.
Choose Wisely: Mislabeling (e.g., recall as review) leads to errors, as in the Allahabad High Court appeal. Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926
Seek Timely Relief: Courts favor rectification for justice's sake.

Disclaimer: This is general information based on case law and statutes. Legal outcomes vary by facts; consult a qualified lawyer for advice tailored to your situation.

Key Takeaways

| Aspect | Recall | Review ||-----------------|---------------------------------|---------------------------------|| Nature | Procedural | Substantive || Purpose | Fix irregularities, no merits | Correct record errors, merits || Powers | Inherent/Constitutional | Statutory/Inherent (limited) || Examples | Ex parte, no hearing | Apparent legal error |

Recall restores fairness without reopening cases; review re-examines deeply but sparingly. Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959
Always cite Asit Kumar Kar for clarity. Jaspreet Singh Garewal VS State of U. P. - 2019 Supreme(All) 1399

In summary, while both remedies uphold justice, recall safeguards procedure, and review targets substance. Understanding this distinction between recall and review empowers better legal strategy.

References:1. Rakesh Srivastava Nyayik VS State of U. P. - 2014 0 Supreme(All) 2959: Inherent powers for recall.2. Tarkeshwar VS State of U. P. - 2023 0 Supreme(All) 1223: Recall limited to procedure.3. Narendra Kumar VS Presiding Officer Labour Court U. P. Meerut - 2023 0 Supreme(All) 2040: Review needs statutory powers.4. Marion Biotech Private Limited vs State Of Up - 2025 0 Supreme(All) 2205: Ex parte recalls.5. Parvez Shahjahan VS State Of U. P. - 2023 0 Supreme(All) 1312: CrPC bars on review.6. Additional: Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926, Jaspreet Singh Garewal VS State of U. P. - 2019 Supreme(All) 1399, Gopal Krishan VS Super Cassettes Industries Ltd - 2019 Supreme(Del) 663, DURGA BANSAL FERTILIZER LTD. VS ZAITEK POLYBLENDS PVT. LTD. - 2017 Supreme(All) 139, Suryakant VS Chandanmal - 2016 Supreme(MP) 372.

#RecallVsReview, #LegalDistinction, #CourtProcedures

Vikram Bakshi VS R. P. Khosla - 2025 6 Supreme 691

He submits that the recall in such circumstances is a recall simpliciter and not a review ensuing recall which is on merits. ... Central Government Industrial Tribunal and Others , 1980 Supp SCC 420 has carved out a distinction between “procedural review” and “substantive review” and has clarified that when it comes to procedural review, the rigour of ....

Shivani Chaurasia VS State Of Uttar Pradesh - 2024 Supreme(All) 819

The distinction between constitutional courts and quasi-judicial authorities is significant, particularly when it comes to the exercise of review or recall powers. ... From an overview of the judgments cited above, it is clear that the Collector (Stamp) cannot recall and/or review his own order as no such power has been conferred under Section 47-A of the Act. ... Any attempt by quasi-judicial authorities....

Jasmine Buildmart Private Limited vs Ahluwalia Contracts (India) Limited

between the power of review and the power of recall of an order; the power of review would allow the Court to consider the merits of the claim raised and to determine if there is any error apparent on the face of the record, whereas, a power of recall can be exercised only where the Court finds that ... In my opinion, however, this issue need not detain this Court any further, as on merits, I find no case being made out by....

Santosh Anil Kolhe vs State of Maharashtra, Through It’s Secretary, Tribal Development Department - 2025 Supreme(Bom) 1119

; 2023 63 OnLine Bom 1013 to contend that the Scrutiny Committee does not have the power to recall or review its own orders, even if issues of fraud or misrepresentation arise. ... It is no good saying that the Scrutiny Committee cannot review its order. This is not a case of review but a request to recall an order which is a product of fraud or misrepresentation of facts. Surely such a power is inheren....

Ambrish Dwivedi vs Anand Kumar Singh - 2025 Supreme(All) 2358

Unless provided under the Act, no application for review/recall may be moved. The contempt of Courts Act, 1971 does not contain any provision for review of a judgment. ... When the Act does not confer inherent power or power of recall or review and provides remedy against order or decision in the matters of contempt. the power of the High Court of recall or review in ma....

Daanish Haque VS Central Bureau of Investigation - 2024 Supreme(Cal) 1256

State of West Bengal and others; (2009) 1 SCC (Cri) 851, Hon'ble the Supreme Court has held as under : "There is a distinction between a petition under Article 32, a review petition and a recall petition. ... That bar of review or alter is different than the power of recall; v. That inherent powers given under S. 482, Cr.P.C. (S. 561-A, Cr.P.C. ... While in a review petition the Court co....

Sukhjeet Sandhu vs State of Himachal Pradesh - 2024 Supreme(Online)(HP) 10149

Learned counsel for the non-applicants has submitted that after the decision of the main petition, this Court has become functuous officio and in terms of the provisions of the CRIMINAL PROCEDURE CODE , it is not vested with any power to either review or recall its order except in terms of ... The power of recall is different from h the power of altering/reviewing the judgment. However, the party seeking recall/alteration....

Naunihal Haidar VS Assistant Settlement Of Consolidation - 2020 Supreme(All) 926

recall/restoration application the same had been filed with a prayer to recall the order dated 26.10.2017 and to restore the writ petition to its original number. As is apparent from the application titled as Civil Misc. There is a marked difference between “recall” and “review.”

Jaspreet Singh Garewal VS State of U. P. - 2019 Supreme(All) 1399

"There is a distinction between ...... a review petition and a recall petition. While in a review petition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party. In Asit Kumar Vs. State of West Bengal and Ors., (2009) 1 SCR 469, this Court made a distinction between recall a....

Gopal Krishan VS Super Cassettes Industries Ltd - 2019 Supreme(Del) 663

The Court is inclined to agree with the submission of the contesting Respondents that CA 730 of 2002 filed by the Appellant was indeed a petition seeking review of the order dated 20th September 1999 and that correspondingly the impugned order is one rejecting a review petition. While in a review petition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was p....

DURGA BANSAL FERTILIZER LTD. VS ZAITEK POLYBLENDS PVT. LTD. - 2017 Supreme(All) 139

The aforesaid facts therefore clearly indicate the issue of jurisdiction raised by the respondent on the entertaining of a recall application by the learned Company Judge. This need not detain us as the matter is no longer lis integra. In the case of Asit Kumar Kar v. State of West Bengal and others, (2009) 2 SCC 703 para 8, the Apex Court ruled as under :ýÿ We may first discuss the principles relating to the distinction between the power of review and the scope of a review applicati....

Suryakant VS Chandanmal - 2016 Supreme(MP) 372

For if the decision is wholly unreasonable, injustice will follow.” Keeping in view the aforesaid judgment there is a distinction between the application for recall and application for review. Thus, the criminal Court can recall its order if it was passed without giving an opportunity of hearing to the concerned party.