Special Act or Code How to know.
pratik
(Querist) 16 April 2011
This query is : Resolved
Meaning & Difference between review petition, criminal review, & curative petition.
What do u mean by quasi judicial authorities ?
Also how toknow that a act or code is a special act or code becasue specail act or code overrides the general act or code . So pls tell me how to know that it is a special or general code or act (V IMP)
Thanks.
abhishek
(Expert) 16 April 2011
Review petition means the reviewing power of the court which had decided the matter or in simple words to review its own decision.
Criminal review means to review a criminal matter.
Curative petition can only be filed in Supreme Court of India and it is the last chance to review the decision of the bench.
quasi judicial bodies which have not power of judicial courts like civil and criminal courts but there decisions are binding in nature as like civil or others courts. ex. labour tribunal, incometax tribunal, consumer forums.
And to know about the special act or code, you have to deduce it from the code itself. like land acquistion act, MACT ETC.
Arun Kumar Bhagat
(Expert) 16 April 2011
Code is the procedure to implement the act. Rest of the answers are given by abhishek.
pratik
(Querist) 16 April 2011
Thanks A Million
A wonderful answer thanks god bless u all.
sir so can we said that review is possible more than 1 time as per the defination of curative petition & but what about CPC, 1908 sub order 9. says.
9. Bar of certain applications
No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained.
It means that one’s the review is done than 2 review is not possible right.
Sir also it has been said that tribunal's are addminsitrative tribunal as per the administrative tribunal act but the income tax has it's own tribunal known as ITAT (Income Tax Appellat Tribunal) sir so can i say that admisnistrative tribunal act is not applicable to ITAT. & one more question sir as it has been said in the administrative tribunal act that this act is applicable to the administrative tribunal but sir how to know that it is a administrative tribunal & administrative tribunal act is applicable to that particular administrative tribunal ?
Thanks .
J K Agrawal
(Expert) 17 April 2011
'Administrative tribunal' is not constituted under a general law but it for a specified purpose and can hear only specified cases so it is under a 'special or Local Law' ITAT, Consumer Forum, Rent Control Tribunal, MACT, Family Court, Labour Tribunal are the examples of Courts constituted under 'Special or Local law'. The procedure of all these courts are different. May be similar but not same. The procedure of each court is given in its relevant act.
