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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Right to Information LawSupreme Court of India

Reserve Bank of India v. Jayantilal N. Mistry & Anr.

Miscellaneous Application · 2021 INSC 276Decided 28 Apr 2021
Miscellaneous Application Nos. 805 of 2020, 1870 of 2020, 534 of 2020, 1046 of 2020, 1129 of 2020, 1646-1648 of 2020, 2008 of 2020, 560 of 2021, 573 of 2021, all in T.C.(C) No. 91 of 2015
Justice L. Nageswara Rao · Justice Vineet Saran

Background

In its 2015 judgment in RBI v. Jayantilal N. Mistry, the Supreme Court had held that the RBI could not refuse to disclose information such as bank inspection reports under the RTI Act by claiming a "fiduciary relationship" with banks, since the RBI's duty was to the public, depositors and the economy. Several banks (led by HDFC Bank and later joined by others including the State Bank of India) were not parties to that original case, but filed applications years later seeking to "recall" the 2015 judgment, arguing they were directly affected but never heard, and that the judgment ignored the right to privacy and was otherwise legally flawed.

Decision Breakdown

The Supreme Court held that there is no provision in the Supreme Court Rules for "recall" applications as such, only formal review petitions, and that labelling an application as one for "recall" instead of "review" does not change its real character; courts look at the substance, not the label. Since the banks were seeking to reopen the correctness of a concluded 2015 judgment (a matter for review) rather than showing they were never given a chance to be heard before an order was passed against them specifically, their applications amounted to disguised review petitions and were not maintainable. The Court dismissed all the miscellaneous applications, while clarifying this did not shut out the banks from pursuing any other lawful remedies, and noted that separate writ petitions challenging specific RBI disclosure notices would be heard on their own merits.

Lesson Learnt

You cannot use an application labelled "recall" to sidestep the stricter requirements of a formal review petition and reopen a final Supreme Court judgment: if you were aware of a case affecting you and chose not to get impleaded in time, courts generally will not let you in years later merely by renaming your challenge.

Reserve Bank of India v. Jayantilal N. Mistry & Anr. – Legal Case Shots | LegalAware