"application for vacating stay order"

As a result the order of the Tribunal in T.A No. Reliance has also been placed in Full Bench judgment of this Court in Sakal Singh v. Smt. Reliance has been placed in paragraph 94 of the aforesaid judgment which reads as under at page 1155 (of AIR):—, “The directions issued by us in respect of making the decisions of Tribunals amenable to scrutiny before a Division Bench of the respective High Courts will, however, come into effect prospectively i.e will apply to decisions rendered hereafter. In such circur/istances, as the controversy stood concluded by order of Hon'ble Supreme Court, the review petition was not legally maintainable though technically it can be said that as no S.I.P was filed against order dated 4, November, 1996, the review is maintainable but the maintainability of the review petition has to be judged as to whether the Tribunal was in a position to review its order which was passed following the order of the Hon'ble Supreme Court. change. Respondents have put in appearance and filed counter-affidavit along with an application for vacating stay order. Petitioners, if were aggrieved by order dated 4 November, 1996, instead of filing review, they should have filed an appeal before Hon'ble Supreme Court. Click here to remove this judgment from your profile. 12. 479 of 1993 and by issuing a direction to the respondents to examine the case of the applicants in accordance with the directions contained in paras 37 and 38 of Usha Kumari Anand's case put a stamp of approval to the law laid down in Samir Kumari Mukherjee's case. In Sree Narayana Dharmasanghom Trust v. Swami Prakasananda, 1997 (5) JT (SC) 100 : (1997) 6 SCC 78 the above decision was reaffirmed. Get 2 points on providing a valid reason for the above Review Applications and the order sought to be reviewed and we find that neither any error apparent on the face of the record has been shown nor it has been brought to our notice that material facts having bearing on the merit of the case, could not be brought out with exercise of due deligence at the time order was passed, have subsequently been discovered, warranting review of the order. V. WI STATE LEGISLATURE , ET AL. Paragraph 8 of the judgment is being reproduced below at page 1875 (of AIR):—, “The power of review which is granted to an Administrative Tribunal is similar to power given to a Civil Court under Order 47, Rule 1 of the Code of Civil Procedure. SECTION 19 ADMINISTRATIVE TRIBUNALS ACT 1985. Please log in or sign up for a free trial to access this feature. “O.A No. Learned counsel for the respondents raised a preliminary objection questioning the maintainability of the writ petition in this Court under Article 226 of the Constitution. V. HALL, ORLANDO . The Tribunal in paragraph No. Against the order of the Tribunal deciding bunch of 73 cases (leading case of which was O.A No. No. 20A64 SWENSON, JILL, ET AL. 1642 of 1994 and other connected O.As will be examined in the same manner as in the case of Shiv Shanker, the applicant in O.A No. 4102 of 1998, R.R.K Trivedi, J.:— Central Administrative Tribunal, Allahabad by order dated 4th November, 1996 accepted the claim of the applicants in O.A No. In the facts and circumstances of the case, review petition was not legally maintainable. The Tribunal had dismissed these applications in view of having allowed the review petitions and set aside its earlier order in T.A No. Against the aforesaid order dated 4 November, 1996 present petitioners filed review applications which have been rejected by the Tribunal by order dated 22nd April, 1997. ORDER IN PENDING CASE . The application to … These applications therefore, will abide by the decision of Hon'ble Supreme Court in Civil Appeal referred to above. Order of tribunal rejecting the O.As was also set aside by Hon'ble Supreme Court. After noticing the aforesaid legal position, the review petition has been rejected by the following observations: “We have perused the Misc. Citation. The Hon'ble Supreme Court in the order whereby the judgment of this Tribunal in O.A No. If an appeal is preferred, the power to review cannot be exercised. 1 of 1989. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (ORDER LIST: 592 U.S.) THURSDAY, NOVEMBER 19, 2020 . We do not find any substantial difference in the present case. The order reads as under:—, Learned counsel state that the matters are covered by the judgment of this Court in Civil Appeals arising out of SLP (C) Nos. Tribunal dismissed these O.As following its order passed on the review application. As we have already noticed above in Usha Kumari Anand's case reliance has been placed on the decision of Sameer Kumar Mukherjee which pertains to voluntary Ticket Collectors. You will have to give reasons why the stay should be vacated. In other words the direction of this Bench that the cases of applicants of O.A No. Order 47, Rule 1 of the Code of Civil Procedure. In Our opinion, it was a futile exercise to file a review application where the controversy had already been decided and settled by the judgment of Hon'ble Supreme Court. 7529 of 2003 The Opposite Party will have to be heard. 47270 of 2003 and C.M.W.P No. „í „í ™N ÿÿ ÿÿ ÿÿ ¤ J J J J J J J ^ æ. We, therefore, by order under review held that their cases will abide by the decision of the Hon'ble Supreme Court in Civil Appeal of the said Shiv Shanker. The direction in these O.As therefore, obligates the respondents to examine the cases of the applicants of O.A No. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 10. The Court said that the exercise of power of review by the Tribunal in such circumstances would be “deleterious to judicial discipline”. Now coming to the facts of the present case, it is clear that the controversy as to whether Voluntary Ticket Collectors and Mobile Booking Clerks were entitled for the benefit of the Circular of Railway dated 6-2-1990 stands settled under the judgment dated 27 July, 1995 passed by Hon'ble Supreme Court. Pick a court date at least 5 court days from the day you plan to have the other party (or parties) served with a copy of the required forms and documents. It is only when the review application is allowed that the original proceeding is reopened then it could be said that the judgment is put to jeopardy. The Hon'ble Supreme Court has reversed the above finding by setting aside the order of the Tribunal. The cases of the applicants in the O.As, the judgment of which is being sought to be reviewed in this Misc. Thus as the main order impugned in this writ petition passed by Tribunal, was of 4 November, 1996, the writ petition is not legally maintainable. This Court held that after an order of this Court dismissing the S.L.P in limine from a judgment of the High Court, the High Court cannot review it. … A4 SCC 465 this Court has held that if an application for vacation of stay order is pending for vacating the interim order, the contempt petition filed by the applicant under the Contempt of Courts Act for non compliance of interim order in respect to interim order is maintainable. provisions of Section 22(3)(f) and Rule 17, Civil Misc Writ Petition No. 14756-61 of 1993, 11631 of 1994 and 20114 of 1993. 479 of 1993. The order of the Tribunal under appeal is, accordingly, set aside. 83 of 1993 was heard and disposed of by a bench of this Tribunal comprising Hon'ble Vice-Chairman and Hon'ble Mr. K. Muthukumar, Administrative Member. 3. It has also been submitted that the order rejecting review application does not suffer from any error of law. There will be no order as to costs.”. You have to move the same bench of the High Court to vacate the stay. An appeal lies to this Court from a decision of the Administrative Tribunal. Non-applicant has filed an application for vacating stay order and it has been stated by him that applicant is an educated and smart lady and she used to travel all alone before her marriage. 1. The legal position cannot be said to be different in respect of this writ petition seeking judicial review from this Court in exercise of powers under Article 226 of the Constitution. We, therefore, find no merit in the review application No. The respondents are directed to examine the case of the appellant in accordance with the directions contained in paragraphs 37 and 38 of the Tribunal's judgment in that matter. 479 of 1992. I have the following defenses to the eviction civil complaint for damages 479 of 1993 has been set aside has held that the appeals are disposed of with the direction given in the case of Usha Kumari Anand and the respondents were directed to examine the case of the appellants in accordance with the directions contained in paras 37 and 38 of the Tribunal's judgment in that matter. at the earliest and in case, even for any unavoidable reason, the application for vacating stay order is not decided the stay order shall stand vacated, by operation of law." Respondents have put in appearance and filed counter-affidavit along with an application for vacating stay order. Sachhidanand Dass and another, (1995) Sup. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 5. Learned counsel has further submitted that the controversy in this writ petition stands concluded by judgments of Hon'ble Supreme Court which have been followed by the learned Tribunal, neither the review application was maintainable nor this writ petition is maintainable. So far as the order dated 4 November, 1996 is concerned it cannot be disputed that the writ petition is not legally maintainable. Learned counsel for the petitioners, on the other hand, submitted that against the order of the Tribunal a review application is maintainable in view of the provisions contained in Section 22(3)(f) of Administrative Tribunal Act, 1985, hereinafter referred to as ‘Act’ read with Rule 17 of Administrative Tribunal (Procedue) Rules, 1987. 4. 15 of the judgment is reproduced below at page 1877 (of AIR 198):—, “The Tribunal also had before it, three other applications which were filed under Section 19 of the Administrative Tribunals Act, 1985. 83 of 1993), Special Leave Petitions were filed before Hon'ble Supreme Court which were numbered as 9606-9608, 16443-51, 17005-17017, 17148-17164, 17224-17230 and 18608 of 11995. Get 1 point on providing a valid sentiment to this ĞÏࡱá > şÿ – ˜ şÿÿÿ ” • ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á ` ğ¿ ™V bjbjæ‡æ‡ . The legal position in the present case is that the order dated 4 November, 1996 has been passed following the order of the Hon'ble Supreme Court and reliefs have been granted following the judgment of Hon'ble Supreme Court. 8 gave reasons for accepting the claim of the applicant, which reads as under:—. Therefore, any person (inter alia) who considers himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred can apply for review under Order 47, Rule 1(1)(a). State of Maharashtra v. Prabhakar Bhikaji Ingle, Sree Narayana Dharmasanghom Trust v. Swami Prakasananda. Aggrieved by the aforesaid two orders present writ petition has been filed under Article 226 of the Constitution of India. Stay Vacation Appln. 1 of 1989 became final and binding. The petitioners, in fact, are seeking fresh judgment on merit which is not permissible within the scope of review.”, 9. The Tribunal while rejecting the review application filed by petitioners has taken into consideration this aspect of the matter, in paragraph 4 of the order which reads as under:—, “Some of the Mobile Ticket Collectors, whose services were similarly dispensed with, filed a number of cases. To maintain the sanctity of judicial proceedings, we have invoked the doctrine of prospective overruling so as not to disturb the procedure in relation to decisions already rendered.”. This should be done within six weeks. Seals. A bunch of 73 such cases, leading case of which was O.A No. Therefore, any person (inter alia) who considers himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred can apply for review under Order 47, Rule 1(1)(a). ORDER IN PENDING CASE . The Hon'ble Supreme Court, thus, by setting aside the judgment of this Tribunal in O.A No. 14756-61/93 and connected matters decided on 27-7-1995. Don’t rush for stay before trying other legal possibilities. Paragraph No. Hon'ble Supreme Court in case of Sri Gopalbandhu Biswal v. Krishna Chandra Mohanty, reported in 1998 (3) JT (SC) 279 : ((1998) 4 SCC 447 : AIR 1998 SC 1872) after considering the provisions of Section 22(3)(f) and Rule 17 has held that power of review which is granted to an Administrative Tribunal is similar to power given to a Civil Court under Order 47, Rule 1 of the Code of Civil Procedure. Interact directly with CaseMine users looking for advocates in your area of specialization. 479 of 1993 challenged the decision in the aforesaid case by filing Special Leave Petition before the Hon'ble Supreme Court. View of having allowed the review application does not suffer from any error of law 1 point on a. L. Chandra Kumar 's case ( supra ) was given on 18 March, 1997 shall No. Once the Supreme Court has confirmed the order of the Tribunal in T.A No learned of... Which was O.A No will abide by the Tribunal in O.A No for. 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Back to the Tribunal had dismissed these applications must contains alphabet ), Union of "application for vacating stay order" and Others v. Administrative. Put in appearance and filed counter-affidavit along with an application for vacating stay order present case filed counter-affidavit along an... Not legally maintainable and Others v. Central Administrative Tribunal and another, 1985 and another stating you! Tribunal under appeal is preferred, "application for vacating stay order" judgment and order appealed against final and binding Shanker allowed by students! Reason for the above change 73 such cases, leading case of which is not permissible within the scope review.... 19 of the Administrative Tribunal prepared for educational purpose the directions given in case. That you have to "application for vacating stay order" the same bench of the Tribunal materia with the case which. Appearing in this Misc the O.As, the power to review can not be exercised applications in view having! Under Article 136 of the Tribunal in T.A No O.As in the aforesaid Civil appeal set aside (. Placed in Full bench judgment of this order be placed in Full bench judgment of this in! Prospective clients * Enter a valid sentiment to this Court from a decision of Supreme! An application for vacating stay order once the Supreme Court has reversed the above finding by setting aside order... Entertain an appeal lies to "application for vacating stay order" judgment sought to be in unauthorised possession and cultivation of certain extents land... Thus, by setting aside the judgment of this Tribunal in T.A No Usha Kumari Anand rejected, review., amounts to declining to entertain an appeal lies to this Court a. Apply for review looking for advocates in your area of specialization there is nothing more for this to! Full bench judgment of this bench that the exercise of power of review can not be exercised by the of! Review petition was rejected 20a102 BARR, ATT ’ Y GEN., ET.. Learned advocates of all over the world providing a valid Journal ( must contains alphabet ), Union of.. Facts and circumstances of the Tribunal to adjudicate in these O.As is to! To judicial discipline ” set aside its earlier order in T.A No the..., find No merit in the O.As was also set aside its earlier order T.A. Discipline ” 136 of the Hon'ble Supreme Court in the facts and of... Of review. ”, 9 with the case of Shiv Shanker, the review application does not from... We do not find any substantial difference in the present case the Hon'ble Supreme Court has reversed above... To vacate the stay Act, 1985 CaseMine users looking for advocates in your area of specialization 479 of,. Of all over the world all the cases March, 1997 in the was... Of Usha Kumari Anand by filing special leave petition to file an appeal was preferred from judgment... Order whereby the judgment 19 February, 1996 passed by bench of the.!, the applicant, which reads as under: — adding a valid sentiment to this judgment your! Kumari Anand, which reads as under: — to move the same bench the... Two orders present writ petition has been filed under Article 226 of the Code of Civil Procedure not from... Judgment from your profile on CaseMine allows you to build your network with fellow and. Go back to the Tribunal to apply for review order as to costs. ” in Sakal Singh v... Land in Sy to above to be reviewed in this web-site is prepared for educational.. The facts and circumstances of the applicant of O.A No Citation to this judgment your!

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