ground for common judgment
Guest
(Querist) 26 November 2010
This query is : Resolved
There are two Impugned orders , one is obtained after full contest over the issue before CAT and another is passed by CAT without going into merits of the case as time barred.The basic geievance is identical, whose jurisdiction lies before CAT.
Both the petitioners challenge their respective orders before high court.
Can these different petitions against two different orders be dismissed vide a common judgment adjudicating also upon the primary grievance of the petitioner whose case was dismissed by CAT as time barred ?
R.Ramachandran
(Expert) 26 November 2010
Dear Harivanshsai,
Do you mean to say that there are two different but similar orders. Two persons approached CAT in different O.As. more or less at the same time, challenging the respective orders. One case was admitted or order favourably passed, but in another similar case the case was dismissed as Time-barred?
Please clarify.
Guest
(Querist) 27 November 2010
Dear Ramchandran Ji,
two persons had similar geievance, one approached to CAT and the O.A. was dismissed on legal technicalities, after full contest but a prima facie in favour of applicant was expressed by the tribunal. Now the second person approached to CAT and there was no such technicality of law in his case but the O.A. was dismissed as time barred.
Now both person approached to high court against these two orders.
ultimately both petitions were connected and dismiised vide a common judgment on ground of some documents submitted by hand to the judges during the final hearing while the judgment was being reserved.
Interestingly still the order impugned by second person is held to be wrong in judgment but his primary grievance is adjudicated in single para of judgment without any contest and petition was dismissed as adjudicated upon the primary issue for which jurisdiction lies before the CAT.
What is this?Is it permissible under an appeal against the order of CAT under 226?
R.Ramachandran
(Expert) 27 November 2010
Dear Mr. Harivanshsai,
You have opened too many threads on the same issue - each time raising one point or the other.
As already required by me in the earlier thread, you better paste the CAT order as also the High Court order so that it can be gone through and some views can be expressed. Otherwise it is not possible to give any views.
Guest
(Querist) 27 November 2010
Sir I am drafting the decisions as they are not available on net.
Pls keep in touch for the time I shall be very thank full to you.
