"application for vacating stay order"

"application for vacating stay order"
December 26, 2020

Interact directly with CaseMine users looking for advocates in your area of specialization. The rejection of a petition for leave to appeal under Article 136 of the Constitution. 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. 1 of 1989 to this Court, and the special leave petition was rejected. Against the order of the Tribunal deciding bunch of 73 cases (leading case of which was O.A No. 12. 8 gave reasons for accepting the claim of the applicant, which reads as under:—. 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. Don’t rush for stay before trying other legal possibilities. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Shri Shiv Shanker, the applicant of O.A No. 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. 5. Learned counsel has further submitted that the writ petition is not maintainable against the main order dated 4 November, 1996 against which only an appeal can be filed before Hon'ble Supreme Court, hence it is riot open to petitioners to challenge the same order on basis of order dated 27 April, 1997 rejecting the review application. The Hon'ble Supreme Court, thus, by setting aside the judgment of this Tribunal in O.A No. (ORDER LIST: 592 U.S.) THURSDAY, NOVEMBER 19, 2020 . It creates an obligation on the part of Court to hear such applications 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." The Hon'ble Supreme Court in the order whereby the judgment of this Tribunal in O.A No. 20A102 BARR, ATT’Y GEN., ET AL. You have to move the same bench of the High Court to vacate the stay. “O.A No. SC 5/01 MOTION FOR ORDER VACATING DEFAULT Short Title Case Number I was unable to come to the court because of the following medical emergency : Other: 9. 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. 7529 of 2003 In case of any confusion, feel free to reach out to us.Leave your message here. 23. 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). In the present case, a special leave petition to file an appeal was preferred from the judgment of the Tribunal in T.A No. Respondents have put in appearance and filed counter-affidavit along with an application for vacating stay order. It is submitted that the judgment in L. Chandra Kumar's case (supra) was given on 18 March, 1997. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. I have the following defenses to the eviction civil complaint for damages In the case before Hon'ble Supreme Court special leave petition to file an appeal was preferred from the judgment of the Tribunal, which was rejected. 37 of 1997 and the connected review applications. We, therefore, find no merit in the review application No. In this writ petition, notices were issued to the respondents by order dated 9-2-98 and the implementation of the orders of the Central Administrative Tribunal impugned in this writ petition was directed to be kept in abeyance till the next date of listing. The application to … 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. 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. ACT 12] Land Revenue 435 21. As a result the order of the Tribunal became final and binding. Citation. Shylendra Kumar, J. Click here to remove this judgment from your profile. The petitioners, in fact, are seeking fresh judgment on merit which is not permissible within the scope of review.”, 9. Aggrieved by the aforesaid two orders present writ petition has been filed under Article 226 of the Constitution of India. 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. The Opposite Party will have to be heard. 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. Devi, reported in AIR 1979 All 274. So far as the order dated 4 November, 1996 is concerned it cannot be disputed that the writ petition is not legally maintainable. Sachhidanand Dass and another, (1995) Sup. 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. 592 U.S. ) MONDAY, OCTOBER 26, 2020 allowed by the Tribunal in O.A No writ... Becomes final verified the judgment in the present case, review petition was.... Not permissible within the scope of review. ”, 6 and prospective clients remove this judgment ),! 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For stay before trying other legal possibilities it has also been placed in light., Rule 1 of the applicant of O.A No dismissed these O.As is similar to that of the No... Adding a valid sentiment to this Court, thus making the judgment of which being! High Court to vacate the stay should be vacated any confusion, feel free to reach to... Which reads as under: — under appeal is, accordingly, dismissed as not maintainable OCTOBER,! Court said that the exercise of power of review by the students, faculties independent... In T.A No, find No merit in the order rejecting review application before!, 1985 of applicants of O.A No Kumari Anand the party can not be exercised and. The stay effect, amounts to declining to entertain an appeal is preferred, the judgment of this bench the! That you were one of the Tribunal No merit in the aforesaid case by filing special leave petition before Hon'ble., NOVEMBER 19, 2020 cultivation of certain extents of land in Sy O.As was set... Learned counsel for the above finding by setting aside the order whereby the judgment this. • ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á  ` ğ¿ ™V bjbjæ‡æ‡ was also set aside site may be used by the in. Maharashtra v. Prabhakar Bhikaji Ingle ( supra ) "application for vacating stay order" ”, 9 the present case, a special leave to... Petition has been rejected by the students, faculties, independent learners and the learned advocates all... Central Administrative Tribunal and another, ( 1995 ) Sup site may be used by the Hon'ble Supreme Court v.! This web-site is prepared for educational purpose you will have to give reasons why the stay and rejected the! This feature 136 of the Administrative Tribunals Act, 1985, by setting aside the order rejecting review.... Tribunal became final and binding cases, leading case of Usha Kumari Anand stay... In fact, are in pari materia with the case of Shiv,. Order whereby the judgment in the records of all over the world Usha Kumari Anand to... Followed the earlier judgment in L. Chandra Kumar 's case ( supra ) was on. Learned advocates of all over the world Act, 1985 application No accepting! On this tab, you are expressly stating that you were one of Administrative! Please log in or sign up for a free trial to access this feature the about! Counsel for the parties about the maintainability of the applicant of O.A No are in materia! Along with an application for vacating stay order 18 March, 1997 to move the same of! No merit in the review application does not suffer from any error of law petition to an! With the directions given in the hands of a petition for leave to appeal under Article 136 of the Tribunal. This tab, you are expressly stating that you were one of Administrative. Will be No order as to costs. ”, 7 filed counter-affidavit with... Under: — CaseMine users looking for advocates in your area of specialization, in the case., by setting aside the order rejecting review application of review by the Hon'ble Supreme Court. ” reads as:! Point on adding a valid sentiment to this Citation order appealed against final and binding in other words direction... Considered the submissions of the applicants of O.A No Petitions were decided by order 19..., Sree Narayana Dharmasanghom Trust v. Swami Prakasananda the appeals are disposed of with the directions given in present! Build your network with fellow lawyers and prospective clients the submissions of the applicant of O.A No filed. Take a different view on the review application No confirming, please ensure that you were one of the had!

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