When the Review Petition of a Judgment be pending

Querist : Anonymous (Querist) 28 May 2011 This query is : Resolved
When the Review Petition of a Judgment is pending on account of an error apparent can the Judgment be considered to be final?

Can the employee be imposed upon the major penalty of compulsory retirement from service during the pendency of the said Review Petition?

What could be the impact once after the imposition of such a major penalty the Court delivers the Judgment on the Review Petition invoking the inherent powers of the Court to do justice that there was an error apparent which needed to be clarified to do justice between the parties?

Any case Laws ?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 28 May 2011
Generally stay order against the impugned judgment under review is obtained by party seeking review hence no further action is taken on the basis of impugned judgment but even if it has been initiated during the pendancy of review then definitely review has become infructuous and once again similar court has to be approached with changed situation.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now