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Report No. 141

2.5. Urgent need to resolve the conflict.-

It is necessary to resolve the controversy with urgency for it would be incongruous to tolerate the same Central Act operating in an inconsistent manner in two sets of High Courts. The recent decision of the Supreme Court in Gauraya's case, albeit in the context of the dismissal of a criminal complaint holding that such a dismissal followed by the acquittal of the accused is a 'judgment' or 'final order' and cannot be set aside even in exercise of inherent powers (which courts other than High Courts do not possess) enhances the complexity of the situation.

Besides, it underscores the need to resolve the controversy with urgency lest some High Courts hold that the Revisional applications dismissed for default can be restored for hearing on merits and others holding that they cannot be restored. And to provide for a speedier and cheaper remedy in the High Court itself without being obliged to approach the Supreme Court at prohibitive time-cost and money-cost.

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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