Supreme Court of India · 1999-08-13
RAIS AHMAD vs STATE OF UP
- Citation / case number
- SC 1997/18405
- Court
- Supreme Court of India
- Petitioner
- RAIS AHMAD
- Respondent
- STATE OF UP
- Author
- SAGHIR AHMAD
- Bench
- D.P.WADHWA S.SAGHIR AHMAD
Judgment text excerpt
The Supreme Court held that the Allahabad High Court erred in dismissing the appellant's writ petition on merits in the absence of his counsel, who had submitted an 'Illness Slip'. The Court emphasized that the High Court retains the jurisdiction to recall an erroneous order under its inherent powers, particularly when the dismissal was based on a procedural oversight. The Court ruled that the dismissal of the application for recall was improper, thereby allowing the appeal and directing the High Court to reconsider the writ petition.