Ground for recall for judgment – Supreme Court declared unamended provisions of the Prohibition of Benami Property Transactions Act 1988 unconstitutional – Held not permissible – There was no challenge to the constitutional validity of the provisions – No adjudication on the constitutional validity of a law without there being any contest between the parties – Submissions by the parties do not address the issue of constitutional validity. [Paras 5-6]
Effect of recall – The recalled proceedings shall stand restored for fresh adjudication – Where any other proceedings have been disposed of by relying on the judgment that has been recalled – Aggrieved party may seek review of such proceedings. [Paras 6-7]
Held: (1) A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the absence of a lis and contest between the parties. [Paras 5-6]; (2) Recall of judgment is permissible where a judgment adjudicated the challenge to the constitutional validity of a statutory provision without a lis and contest between the parties. [Paras 6-7]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankitesh Ojha, Hony. Associate Editor (Verified by: Abhinav Mukerji, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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