constitution

Manish Raghav (Querist) 25 September 2010 This query is : Resolved
What is the difference between "order set aside" and "order quashed ". whether "order set aside" has retrospective effect?

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s.subramanian (Expert) 25 September 2010
Both mean the same thing. Such an order has retrospective effect and becomes invalid right from the date of the said order. The things which have been done in pursuance of and following that order would become futile and ineffective and invalid.

Parthasarathi Loganathan (Expert) 26 September 2010
Quashing an order generally means an order made by a superior court to an inferior one, ordering that a case be referred to the superior court for review.

Set aside is the action of nullifying an order, decision or judgment by another order or decision or judgment of the same authority or a higher authority. By this action the position prior to the issue of original order is restored.

Chanchal Nag Chowdhury (Expert) 28 September 2010
Both mean the same.

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