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Vishal Agarwal   06 March 2019

Recalling of a impugned judgement stayed by a higher bench.

After Admission of a Special Appeal, leave granted and Stay granted on Impugned Judgement by DB of High Court, Can Single Bench of high court have jurisdiction to recall Impugned Judgement ? if you have any ruling of SC regarding this please tell me. I have a same case and want to file an SLP against this in SC.


 7 Replies

Suhail suhail (LAWYER)     06 March 2019

How can an order passed by the DB  be cahllenged before a Single Judge court .

Is it possible that an order by Prime Minster can be appealed before a Minister.

If you are aggrieved by the order of DB you can approach to supreme court not below that.

Vishal Agarwal   06 March 2019

No. I am not talking about DB judgement. The Single bench recalled its own judgement... which is stayed in DB. my question is If DB stayed judgement of single bench... then how single bench recalled that judgement.

Suhail suhail (LAWYER)     06 March 2019

It is really confusing, you mean to say the matter was before SB and an order was passed,later against that order an appeal was filed before the BD and the DB was pleased to stay the proceeding in the case before SB. Meanwhile the SB proceeded in the case and recalled its earlier order ???

Vishal Agarwal   06 March 2019

chronological order

1- Single bench passed a judgement

2- Effective parties file a Special Appeal with application to leave to appeal and stay application against impugned judgement in DB.

3- in DB Leave granted, appeal admited and stay granted on impugned judgement.

4- In the meanwhile Single bench recalled impugned judgement (its own).

5- Special appeal treated as infructuous due to recalling of impugned judgement. 

Vishal Agarwal   06 March 2019

chronological order

1- Single bench passed a judgement

2- Effective parties file a Special Appeal with application to leave to appeal and stay application against impugned judgement in DB.

3- in DB Leave granted, appeal admited and stay granted on impugned judgement.

4- In the meanwhile Single bench recalled impugned judgement (its own).

5- Special appeal treated as infructuous due to recalling of impugned judgement. 

 

Suhail suhail (LAWYER)     06 March 2019

Oops...that has turned the appeal in DB As infratuous.

May be the SB court was not informed of the stay order in appeal.

However i would say that it would really give you no benifit to press the issue in court as the DB or Supreme Court won't held the SB in contempt on such irregular order. They will simply say that the recalling of order leaves the Appeal infractuous and may give any reason for that like the order seems to have been passed in ignorance and all that but practically no benifit from that .

However so far could  not come to any releavnt judgment on such issue. 

 

Vishal Agarwal   06 March 2019

The advocate is very much awar of this stay because the same advocate present before the DB when Stay granted and after the stay same advocae file a recall/review application in SB. If the advocate know all facts ..how can he gives wrong presentation in court and misguided the court.. If he misguided the court then how can we say that the judgement given by the single bench 2nd time is correct ...the case is revoked and notice not serve to the parties of SPA. While Leave granted by the DB then they are proper party in the case........ Same Judge in SB again delivered the same judgement without hearing the parties of DB. 


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