recall

Any order / judgement is passed in violation of the principles of natural justice can be recall

Recall application is different than the review application.

the Supreme court in the case of Vishnu Agarwal Vs State of UP, 2011 said that;

“Apart from the above, we are of the opinion that the application filed by the Respondent was an application for recall of the Order dated 2.9.2003 and not for review. In Asit Kumar Kar Vs. State of West Bengal and Others, this Court made a distinction between recall and review which is as under: 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 the case of Asit Kumar Kar Vs State of W.B. & Ors, decide on 31-01-2009, Supreme court court said in para-5

“The aforesaid direction in paragraph 40 of the judgment was passed without hearing the persons whose licences were ordered to be cancelled. In fact even the implead applications of such persons were rejected. It is a basic principle of justice that no adverse orders should be passed against a party without hearing him. This is the fundamental principle of natural justice and it is a basic canon of jurisprudence.”

In the Seven Judge Constitution Bench of this Court, A.R. Antulay Vs. R.S. Nayak and Another, it has been observed in paragraph 55 thereof:
so also the violation of the principles of natural justice renders the act a nullity.

“No man should suffer because of mistake of the Court, nor a person should suffer a wrong by technical procedure of irregularities.”