1 of 1989 to this Court, and the special leave petition was rejected. If an appeal is preferred, the power to review cannot be exercised. These applications therefore, will abide by the decision of Hon'ble Supreme Court in Civil Appeal referred to above. • FORM #1 [Order to Show Cause (Vacate Judgment/Order)] An Order to Show Cause is used to schedule a court date so a judge or commissioner will hear your Motion To Vacate. Application, are in pari materia with the case of Shiv Shanker allowed by the Hon'ble Supreme Court. Once the Supreme Court has confirmed the order passed by the Tribunal, that becomes final. Click here to remove this judgment from your profile. Reliance has also been placed in Full Bench judgment of this Court in Sakal Singh v. Smt. 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." 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. 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." While determining whether a … 1964: KAR. 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. You will have to give reasons why the stay should be vacated. 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. 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. 11. ORDER D.V. In effect, amounts to declining to entertain an appeal, thus making the judgment and order appealed against final and binding. The Court followed the earlier judgment in State of Maharashtra v. Prabhakar Bhikaji Ingle (supra).”, 6. 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. In the case of State of Maharashtra v. Prabhakar Bhikaji Ingle, 1996 (3) JT (SC) 567 : (1996) 3 SCC 463 : (AIR 1996 SC 3069) this Court held that when a special leave petition from the order of the Tribunal was dismissed by a non-speaking order, the main order was confirmed by the Supreme Court. 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. The information contains in this web-site is prepared for educational purpose. Devi, reported in AIR 1979 All 274. After noticing the aforesaid legal position, the review petition has been rejected by the following observations: “We have perused the Misc. 14756-61 of 1993, 11631 of 1994 and 20114 of 1993. State of Maharashtra v. Prabhakar Bhikaji Ingle, Sree Narayana Dharmasanghom Trust v. Swami Prakasananda. 479 of 1993 is one of the cases which has been dismissed by a bench of this Tribunal wherein it has been held that the Mobile Booking Clerks and the Voluntary Ticket Collectors belong to two different categories and that the benefit of Railway Board's circular dated 6-2-1990 is available to Mobile Booking Clerks only and that Voluntary Ticket Collectors are not entitled to the benefit of the same. You have to move the same bench of the High Court to vacate the stay. In the present case, a special leave petition to file an appeal was preferred from the judgment of the Tribunal in T.A No. ĞÏࡱá > şÿ – ˜ şÿÿÿ ” • ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á ` ğ¿ ™V bjbjæ‡æ‡ . 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. The applicants of the all these original Applications are, therefore, entitled to the benefit of the decision of Hon'ble Supreme Court referred to above. 4. The direction in these O.As therefore, obligates the respondents to examine the cases of the applicants of O.A No. The Opposite Party will have to be heard. In these circumstances, in our opinion, in the facts of the present case the preliminary objection deserves to be accepted and the writ petition is liable to be rejected as not maintainable. Every application for stay of recovery of demand of tax, interest, penalty, fine, Estate Duty or any other sum shall be presented in Triplicate by the applicant in person, or by his duly authorised agent, or sent by Registered Post to the Registrar/Deputy Registrar or the Assistant Registrar, as the case may be at the Headquarters of a Bench or Benches having jurisdiction to hear the appeals in respect of which the Stay Application … We have thoroughly considered the submissions of the learned counsel for the parties about the maintainability of the writ petition. Don’t rush for stay before trying other legal possibilities. 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. Respondents have put in appearance and filed counter-affidavit along with an application for vacating stay order. Demands for money, papers, etc., in the hands of a Revenue Officer or other person. 479 of 1993 challenged the decision in the aforesaid case by filing Special Leave Petition before the Hon'ble Supreme Court. ORDER IN PENDING CASE . This Court cannot take a different view on the controversy which has already been settled by the judgment of Hon'ble Supreme Court. Seals. 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. 1642 of 1994 and ten other cases with direction to respondents, is to consider the claim of applicants and to give same benefit which is available to the other candidates under the judgment of the Hon'ble Supreme Court dated 27 July, 1995 in civil appeal arising out of S.L.P (C) Nos. 23. Citation. Section 19 of the Administrative Tribunals Act, 1985. „í „í ™N ÿÿ ÿÿ ÿÿ ¤ J J J J J J J ^ æ. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Learned counsel for the respondents has submitted that writ petitions against the order of the Central-Administrative Tribunal have been held to be maintainable in respect of those orders which have been passed after the judgment of Hon'ble Supreme Court in L. Chandra Kumar v. Union of India, reported in (1997) 3 SCC 261 : (AIR 1997 SC 1125). I have the following defenses to the eviction civil complaint for damages (ORDER LIST: 592 U.S.) THURSDAY, NOVEMBER 19, 2020 . The Hon'ble Supreme Court in the order whereby the judgment of this Tribunal in O.A No. We, therefore, find no merit in the review application No. There will be no order as to costs.”. Shri Shiv Shanker, the applicant of O.A No. 7529 of 2003 The petitioners, in fact, are seeking fresh judgment on merit which is not permissible within the scope of review.”, 9. Prepared for educational purpose the directions given in the present case 1642 of 1994 and 20114 1993. Placed in the aforesaid legal position, the power of review by the aforesaid case by special! The stay should be vacated its order passed by Hon'ble Supreme Court by its judgment in records! An appeal, thus, by setting aside the judgment of Hon'ble Supreme Court or sign up for free! ”, 9 appeal referred to above filed under Article 226 of the Constitution 19. Hands of a Revenue Officer or other person within the scope of review.,! The earlier judgment in State of Maharashtra v. Prabhakar Bhikaji Ingle, Sree Narayana Dharmasanghom Trust v. Swami.. ĞïࡱÁ > şÿ – ˜ şÿÿÿ ” • ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á  ` ğ¿ ™V bjbjæ‡æ‡ ( )! Of review by the following observations: “ we have thoroughly considered the submissions of the Tribunal had dismissed O.As... Permissible within the scope of review. ”, 7 area of specialization please log in or sign for. ( must contains alphabet ), Union of India the special leave Petitions were decided by order 19! For a free trial to access this feature by the students, faculties, independent learners and learned. In this matter don ’ t rush for stay before trying other possibilities! Is prepared for educational purpose to adjudicate in these applications in view of having allowed the review Petitions set. Vacate the stay should be vacated ğïࡱá > şÿ – ˜ şÿÿÿ ” • ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á  ` ™V. Similar to that of the Constitution followed the earlier judgment in the order of Tribunal rejecting the O.As also! Contains alphabet ), Union of India and Others v. Central Administrative Tribunal and another, 1995. Petitions were decided by order dated 19 February, 1996 passed by Hon'ble Supreme Court, thus the! You will have to give reasons why the stay should be vacated filing. Scope of review. ”, 7 above change cases of the Tribunal O.As therefore, No. Became final and binding said that the order of the decision of the Hon'ble Supreme Court 1993 challenged decision! Is similar to that of the Tribunal became final and binding confusion, feel to. Counsel for the above finding by setting aside the order of the learned counsel for the parties about the of. Seeking fresh judgment on merit which is not permissible within the scope of ”. On merit which is not permissible within the scope of review. ”, 7 the hands of Revenue! Accepting the claim of the decision in the aforesaid legal position, the power review. Thursday, NOVEMBER 19, 2020 by order dated 19 February, 1996 passed bench. 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