What is the remedy for false judgment based on apparent erro

This query is : Resolved 
 

(Querist)
19 May 2009

Under article 226, of the constitution of India, the writ was allowed by quashing the CAT order, but on reading the judgment, there is clear apparent error on the face of record, and also the statutory rule under CCS (Pension) Rules, 1972 framed under article 309 of the Constitution has been com pletely ignored, and also without verification of the records and application of mind by the judge?

How this wrong judgment could be cured?

Whether the same Bench could correct the error knowing fully convinced that the judgment given by the Bench is wrong on the face of record.


n.k.sarin (Expert)
20 May 2009

Mr. Taheer,if there is error apparent on the face of record, you can file review application before the same bench. The same bench has jurisdiction to amend or remove the error,but jurisdiction is limited one.

A.Mohamed Thaheer (Querist)
20 May 2009

Thank you Mr. N.K.Sarin



Guest (Expert)
20 May 2009

You can file a review petition before the same bench. If it does not accept your contentions, then you can move writ appeal before the division bench ( I suppose the impugned order is delivered by a single bench as you used the word 'judge' in your question. If the judgment is delivered by the division bench, then you have to approach the hon'ble S.C. in S.L.P.

Swami Sadashiva Brahmendra Sar (Expert)
20 May 2009

agree with mr. sarin.
you can also go to supreme court under article 136 of constitution of india

adv. rajeev ( rajoo )Online (Expert)
21 May 2009

Sri Sarin and Doctor is right I agree with both the learned members.



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