Ex Debito Justitiae

The principle of ex debito justitiae… has been elaborately dealt with in the concurring judgment of Umesh C. Banerjee, J. in Rupa Ashok Hurra, (2002) 4 SCC 388, para. 69. The principle is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error in a judicial dispensation. Its application, by the very nature of things, cannot be made to depend on varying perceptions of legal omissions and commissions but such recognitions of the debt which have the potential of opening new vistas of exercise of jurisdiction to relook concluded cases, must rest on surer foundations which have been discerned and expressed in Rupa Ashok Hurra. Frantic cries of injustice founded on perceived erroneous application of law or appreciation of facts will certainly not be enough to extend the frontiers of this jurisdiction.”

Hon’ble Justice Ranjan Gogoi, Ashiq Hussain Faktoo v. Union of India, [Writ Petition (Criminal) No. 46 of 2008].

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