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Review: The High Court's Final Say on Its Own Judgments

The Supreme Court has observed that, upon reading Section 362, which by the force of Section 387 is also applicable to judgments on appeal, it follows that the appellate court, like the trial court, cannot alter or review its own judgments or orders - Ram Chander Agarwala, AIR 1979 SC 87.

The Full Bench of the Punjab & Haryana High Court has also observed, following the Supreme Court's decisions, that the High Court has no power to review or revise its earlier judgment, except to correct clerical errors. This holds true for both the appellate and revisional jurisdictions of the High Court.

It is also observed that any alteration or modification of the sentence alone amounts to a review in the eyes of the law. The Full Bench has taken the view that the High Court cannot invoke its inherent jurisdiction under Section 482 of the CrPC for this purpose - Ajit Singh, 1982 CrLJ 1215.

The summary dismissal of an appeal cannot be vacated under the inherent power of the High Court unless it is proved by evidence that either of the conditions precedent to the passing of the order, as laid down by this section, has not been complied with. The burden of proof lies heavily on the person challenging the finality of the order.

Where it is proved that either of the conditions precedent has not been complied with, the High Court has the power to invoke Section 482. In such cases, it is immaterial whether the Bench called upon to interfere is composed of the same or different judges. However, where there is no proof that either of the conditions has not been complied with, the High Court, whether the Bench is composed of the same or other judges, has no power to interfere - Sahu, 1936 CrLJ 831 (FB).

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