Locus Poenitentiae, Principle of

Principle of locus poenitentiae will not come into play where the order has either been passed by an incompetent authority or the order has been obtained through fraud or misrepresentation or concealment of facts.

Beneficiaries of the orders passed by the departmental authorities cannot be penalized for loopholes, inaction or procedural irregularity of the authorities.

Principle of locus poenitentiae would not be attracted in a case under which the benefit has been extended by a law which was violative of the provisions of the Constitution.

Principle of locus poenitentiae would not be attracted in a case under which the benefit has been extended by a law which was violative of the provisions of the Constitution.

Locus poenitentiae was the power of receding till a decisive step was taken, but it was not a principle of law that an order once passed became irrevocable and it was a past and closed transaction

If an order was illegal then, a perpetual right could not be created on the basis of such illegal order.

Only where lawful orders had been passed by an authority having the power to do so under the relevant law and a person bona fide received a benefit under the said law without any positive action on his part, such beneficiary could claim a right under the exception to the principle of locus poenitentiae and claim that the benefit bona fide received by him by virtue of a lawful order passed by the competent authority (which at the relevant time and for its duration till its withdrawal was lawfully passed by an authority competent to pass such order) could not subsequently be recovered by virtue of the protection available under the exception to the said rule.

Only where lawful orders had been passed by an authority having the power to do so under the relevant law and a person bona fide received a benefit under the said law without any positive action on his part, such beneficiary could claim a right under the exception to the principle of locus poenitentiae and claim that the benefit bona fide received by him by virtue of a lawful order passed by the competent authority (which at the relevant time and for its duration till its withdrawal was lawfully passed by an authority competent to pass such order) could not subsequently be recovered by virtue of the protection available under the exception to the said rule.

Principle of locus poenitentiae confines the powers of the authorities for receding its decisions to a time frame till a decisive step is taken, but the said principle of law does not provide that every order once passed becomes irrevocable and past and closed transaction, rather it is subject to certain exceptions which includes power to recede an order even after the same has taken effect in cases where the said order is illegal, unlawful, coram non judice, without jurisdiction or lawful authority or any other defect that strikes down the root of the matter for the reason that perpetual rights cannot be gained on the basis of an order suffering from any of the said vices.

Principle of locus poenitentiae would not be attracted to an order of appointment secured by fraud and misrepresentation.

Scope.

Principle of locus poenitentiae could be invoked by the competent authority till the time the decisive stage was not reached.

Government was not vested with the authority to withdraw or rescind an order if same had taken legal effect and created certain legal rights in favour of an individual.

Principle of locus poenitentiae was meant to condone a bona fide mistake and could not be pressed into service for reaping the benefit of any fraud or to camouflage the same.

Principle of locus poenitentiae was not to harbor or perpetuate a wrong but was to protect the rights of persons in whose favour decisive step had been taken by the government which they had to own.

Principle of locus poenitentiae is the power of receding till a decisive step is taken but it is not a principle of law to the effect that order once passed becomes irrevocable and past and closed transaction.

When a concrete step had been taken towards implementation of an order, same could not be withdrawn, where, however, the very adifice of an order was unfounded the same could not be unnoticed on the ground of principle of locus poenitentiae.

Scope.

Scope.

Locus poenitentiae conceptually connoted, that authority which had the jurisdiction to pass an order and take an action, had the due authority to set aside, modify and vary such order/action, however there was an exception to such rule i.e. if such order/action had been acted upon, it created a right in favour of the beneficiary of such order etc. and the order/action could not thereafter be set aside/modified etc. so as to deprive the person of the said right to his disadvantage

Principle of locus poenitentiae (with its exception), primarily had nexus and application to administrative orders and actions, and would not apply to judicial decisions

Where a judgment was set aside as being per incuriam, the rule of locus poenitentiae, along with its exception, shall not be applicable, because the doctrine primarily belonged to the administrative domain of the State and was restricted to administrative orders/actions alone.

Power of receding or going back on a decision would be available to an authority only upto the time such decision had not been carried into effect.

Principle of locus poenitentiae was available to government or relevant authorities but an order could not be withdrawn or rescinded once same had taken legal effect and certain rights were created in favour of an individual.

Scope.

If some benefit has been obtained in sheer disregard to settled procedure and it also has been done by tarnishing rights of other eligible persons, then such benefit cannot be maintained perpetually.

Scope.

Principle of locus poenitentiae would not arise in a situation when some benefit, was awarded to a person against declared law.

Principle of locus poenitentiae would not arise in a situation when some benefit was awarded to a person against declared law.

Principle of locus poenitentiae could be invoked in respect of an order being illegal or contrary to or in contravention of any provision of law.

Award of benefit to a person in violation of law would not attract principle of locus poenitentiae.

Authority having passed an illegal and without jurisdiction order with a view to rectify its fault could recall, withdraw or revoke same at any time without notice to affected person, who might seek his remedy by claiming damages

Principles.

Rule of locus poenitentiae is that the power of rescinding is available to Government or relevant authorities to retrace and undo the wrong order till a decisive step is taken

Authority which had power to make an order had taken effect and certain rights had been created in favour of an individual, such an order could not be rescinded or withdrawn to the detriment of the such individual

Such is not an unfettered power to be used at any stage in any manner for undoing an order which having already taken effect, has created vested rights

Spirit of rule of locus poenitentiae is that once an order is given effect to and in consequence thereof certain rights are created in favour of a person, such rights cannot be subsequently taken away.

Principle of locus poenitentaie would be available to such party.

Rule of Locus Poenitentiae would not be applicable in a case in which the basic order was illegal.

Principles.

Rule of locus poenitentiae is that the power of rescinding is available to Government or relevant authorities to retrace and undo the wrong order till a decisive step is taken

Authority which had power to make an order had taken effect and certain rights had been created in favour of an individual, such an order could not be rescinded or withdrawn to the detriment of the such individual

Such is not an unfettered power to be used at any stage in any manner for undoing an order which having already taken effect, has created vested rights

Spirit of rule of locus poenitentiae is that once an order is given effect to and in consequence thereof certain rights are created in favour of a person, such rights cannot be subsequently taken away.

Order once having taken legal effect and created certain rights in favour of any individual cannot be withdrawn or rescinded to the detriment of those rights-

General Clauses Act (X of 1897), S.21.

Principle of locus poenitentiae was available to the Government or relevant Authorities and further Authority which was competent to make order had power to undo it, but such order could not be withdrawn or rescinded once it had taken legal effect and created certain rights in favour of any individual.

Order once having taken legal effect and created certain rights in favour of any individual cannot be withdrawn or rescinded to the detriment of those rights

General Clauses Act (X of 1897), S.21.

Principle of locus poenitentiae was available to the Government or relevant Authorities and further Authority which was competent to make order had power to undo it, but such order could not be withdrawn or rescinded once it had taken legal effect and created certain rights in favour of any individual.

Letters of appointment were issued in favour of appointees on 19-1-1997 and in compliance with said letters appointees joined their duties in their respective departments

Orders of appointment which had taken effect, had created valuable right in favour of appointees in whose favour it was passed

Rule of locus poenitentiae would come into play in favour of appointees and Competent Authority who had passed said order could not recall same.

Rules of locus poenitentiae would help the persons equipped with the "legal right" whose hands were not smeared with malice.

Where order passed by Authority was never implemented, principle of locus poenitentiae was available to the Authority.

After issuance of result notification and other connected letters declaring the candidate successful for awarding of degree, the University had no legal justification for withholding of degree

Principle of locus poenitentiae could not be pressed into service in circumstances.

Principle is not available to the Authorities and the power of locus poenitentiae is available only before decisive step is taken.

Once a right is created in favour of a litigant, such right in due course of time cannot at all be taken back arbitrarily.

Lessee, before the commencement of the temporary lease for 5 years, managed to get extended the lease period to 30 years from the then Chief Minister of the Province

Authorities, however, later on, cancelled the lease on the grounds of its being illegal, ab initio, incompetent and without authority

Validity

Lease of land ought to have given by public auction after following the procedure laid down in paras. 7 & 9 of Part II of Land Lease Order, 1978

Competent Authority was not authorised to grant'initially lease for more than a period of three years for agricultural purpose

Competent Authority including the Chief Minister under the scheme of relevant law had no lawful authority to extend the period up to 30 years, that too, without auction

Authority of Forest Department, which had added the extension clause in the lease, in exercise of jurisdiction under S.21, General Clauses Act, 1897, was competent to rescind the order of extension which was operating in favour of the lessee and principles of locus poentientiae and that of natural justice was not attracted in circumstances.

If any order was illegal then perpetual rights could not be gained on basis of said illegal order and principle of locus poenitentiae would not be attracted.

Principle of locus poenitentiae cannot be stretched to protect orders and actions in derogation of law which have caused injustice on the face of the record.

Candidate who appeared in B.A. Examination secured total 476 marks out of 800 by obtaining 87 marks in English out of 200 and 138 marks out of 200 in subject of History

University sent invitation to candidate to attend Convocation as he was entitled for award of gold medal in subject of History at the Convocation

Such invitation was subsequently withdrawn by University on ground that gold medal would be awarded to candidate who had first position in B.A. History and first position in B.A. English

Validity

Even if letter of invitation was issued by University under mistake, principle of locus poenitentiae was attracted to the extent of that candidate

Once letter of invitation was issued to candidate by University Authorities and was received by the candidate, principle of locus poenitentiae was attracted in all respects and University Authorities had no authority to withdraw the same.

if order was illegal, then perpetual rights could not be gained on basis of such illegal order and principle of locus poenitentiae would not be attracted in that case.